Madras High CourtWP(MD)/6483/2017disposed of

Karunanithipuram Residents v. The Principal Secretary

2017-07-07Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.6483 of 2017 Karunanithipuram Residents Welfare Association, Represented by its President, P.Rajendran, .. Petitioner Vs.

1.The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai.

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

4.The Sub Collector, Paramakudi, Ramanathapuram District.

5.The Thasildar, Paramakudi, Ramanathapuram District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 to 5 to grant patta to the residents of the Karunanithipuram, Paramakudi, Ramanathapuram with respect to land comprised in Survey No.94/5, bearing T.S.No.1,2 and 3 at Kattuparamakudi Group, Ward No.G, Block No.26 and 27 in the light of the order passed by the first respondent in his proceedings Rc.No.G2/23811/2008 dated 06.03.2009 and consequent order passed by this Court in W.P.No.12465 of 2012 dated 10.01.2013 within the time frame fixed by this Court. For petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The writ petition filed at the instance of the welfare association located at Paramakudi, seeks a direction to the respondents to allot land in Survey No.94/5, Kattuparamakudi, pursuant to the proceedings dated 06.03.2009 on the file of the Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai-600 005.

2. The learned Special Government Pleader on instructions submitted that the respondents are prepared to grant patta, subject to the condition that they shall pay the rate fixed by the Public Works Department and on verification of the eligibility of the concerned applicant.

3. The documents available on record indicate that the Commissioner for Land Administration, Chepauk, Chennai-600 005 by proceedings dated 06.03.2009 resolved to grant patta by collecting Rs.333/-(Rupees Three Hundred and Thirty Three only) per square feet from the eligible allottees. However, the applicants have not paid the amount.

4. The members of the petitioner's association are stated to be residing in the said village for the past many years after constructing residential houses. We are therefore of the view that the eligible members of the association should be given patta taking into account the proceedings dated 06.03.2009 on the file of the first respondent.

5. we are informed that the members of the petitioner association were not prepared to pay in the rate of Rs.333/-(Rupees Three Hundred and Thirty Three only) pursuant to the order dated 06.03.2009 and the matter was therefore delayed. It is open to the respondents to fix the land value by charging 9% interest on Rs.333/-(Rupees Three Hundred and Thirty Three only) per square feet taking into acccount the proceedings dated 06.03.2009.

6. The District Collector, Ramanathapuram District is directed to take necessary follow up action for the grant of patta in the light of the proceedings dated 06.03.2009 on the file of the Commissioner, Land Administration, Chepauk, Chennai-600 005. We give liberty to the members of the petitioner association and others who are in possession of the land to give individual representation to the District Collector on the strength of the proceedings dated 06.03.2009. The District Collector is directed to decide the eligibility and thereafter assign the land in accordance with the proceedings dated 06.03.2009. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

7.The Writ Petition is disposed of with the above direction . No costs.

Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To: