Murugesan .U v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA U.Murugesan .. Petitioner Vs.
1.The District Collector, Trichy District, Trichy620 001.
2.The District Revenue Officer, Trichy District, Trichy620 001.
3.The Revenue Divisional Officer, Srirangam Division, Vannan Koil, Ramjinagar -post, Trichy.
4.The Tahsildar, Marungapuri Taluk, Trichy District621 305.
5.M.Senthil Kumar 6.M.Sathish Kumar 7.C.Nachammal .. Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 3 to dispose the appeal filed by the petitioner dated 06.08.2024 and to provide free house site patta to the petitioner in the land in Survey Nos.83, 84 and 452 situated at Pirampatti North, Kovilpatti, Minikiyoor, Marungapuri Taluk, within the time stipulated by this Court.
For Petitioner :Mr.T.Thirumurugan For R1 to R4 :Mr.P.Thambidurai, Government Advocate For R6 :Mr.T.Na.Madasamy
ORDER
This writ petition has been filed seeking an early disposal of the appeal filed by him before the second respondent, the petitioner is before this Court.
2.The short facts of the case are as follows: The petitioner belongs to the schedule caste community and there are about 80 families belongs to the same caste in the village. In the year 1992, the Government of Tamil Nadu had provided free house site patta
in S.No.449 to 456, at Pirampatti(North) Village and the petitioner and the others have constructed a small house and living there. Apart from these lands, 10 acres of land remained as a dry land and that apart, the land in S.Nos.83, 84 and 452 were also available in the back side of the petitioner's hamlet.
3.The petitioner would submit that in the year 1992, the number of persons owing free house sites has increased and there is a need for additional land. Therefore, a detailed representation was made to provide free house site patta in the lands bearing in Survey Nos.83, 84 and 452. Thereafter, in the year 1992 the land in Survey Nos.83 and 84 were taken over by the Government under the Natham Land scheme. When the petitioners and others had approached the revenue authorities for granting patta in respect of the aforesaid land, they were abused by the respondents 5 to 7, who stated that the land stood in the name of the father of the respondents 5 and 6 viz., Mookkaiah Konar and the husband of the seventh respondent viz., Chinappakonar.
4.The claim of the respondents 5 to 7 were illegal, since the lands in S.Nos.82 and 83 had already been taken over by the Government in the year 1992. The petitioner, thereafter, made a detailed representation on 04.03.2024 to cancel the patta which has been wrongly entered in the names of the respondents 5 to 7. So far no action was taken. 5.Therefore, a writ petition in W.P(MD)No.7721 of 2024 has been filed by the petitioner before this Court and the same was disposed of on 28.03.2024 with a direction to dispose of the representation within a period of four months from the date of receipt of a copy of this order. Thereafter, the impugned order has been passed on 29.09.2024 by the fourth respondent. Aggrieved over the same, an appeal was filed on 06.08.2024 before the second respondent to set aside the order passed by the fourth respondent. This application, which has been filed, has not been taken up for enquiry till date. Therefore, the petitioner is before this Court.
6.Since the petitioner is seeking a limited relief of an early disposal
of the appeal, this Writ Petition is allowed and the Mandamus is issued to the third respondent to pass orders on the appeal dated 06.08.2024 on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. No costs. 24.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes To 1.The District Collector, Trichy District, Trichy620 001.
2.The District Revenue Officer, Trichy District, Trichy620 001.
3.The Revenue Divisional Officer, Srirangam Division, Vannan Koil, Ramjinagar -post, Trichy.
4.The Tahsildar, Marungapuri Taluk, Trichy District621 305.
P.T.ASHA, J.
Ns 24.09.2024