Madras High CourtWP(MD)/22095/2021disposed of

Kalaiselvi .G v. The District Collector

2023-11-21Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Kalaiselvi ... Petitioner Vs.

1.The District Collector, Collectorate, Trichy Road, Thanjavur District.

2.The Zonal Deputy Tahsildar, Orathanadu Taluk, Thanjavur District.

3.The Village Administrative Officer, Ponnappur Melpathi Village, Orathanadu Taluk, Thanjavur District.

4.D.Anbalagan ... Respondents (R-4 is impleaded vide Court Order dated 21.11.2023 in W.M.P.(MD).No.1353 of 2022 in W.P.(MD).No.22095 of 2021 by NAVJ) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 29.03.2021, 28.07.2021 and 05.10.2021 and to issue patta to her regarding the landed property comprised in SR.Nos.19A/2,4,6, 19B/8,10, 20/1,2B, 27C/7, 29/13, 31B/13,4,5A,6A, 32B/19,20, 36AA/5B, 1/5

37B/5, 42B/1A,1B, 51B/16, 64B/13C,14, 84/15A to an extent of 12 acre 21 cent situated at Ponnappur Melpathi Village, Orathanadu Taluk, Thanjavur District and consequently directing the first respondent to take appropriate action as against the respondents 2 and 3 for willfully evading the function and duties of their office after conducting enquiry within a period stipulated by this Court. For Petitioner : Mr.S.Jayachandran For R-1 to R-3 : Mr.A.K.Manikkam Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents particularly the second respondent to consider the representations made by the petitioner wherein the petitioner has sought for issuance of patta with respect to the subject properties.

2. Heard the learned counsel appearing on behalf of the petitioner and the learned Special Government Pleader appearing on behalf of the respondents 1 to 3.

3. The learned counsel for the petitioner submitted that the respondents 2 and 3 are willfully evading from functioning and are not passing any orders inspite of several representations made to them. 2/5

4. The learned Special Government Pleader on instructions submitted that the objections were made by the fourth respondent and therefore the orders are not passed on the application submitted by the petitioner.

5. Taking into consideration the facts and circumstances of the case and submissions made on either side, there shall be a direction to the second respondent to conduct an enquiry by giving an opportunity to the petitioner and the fourth respondent and pass orders strictly in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition is disposed of accordingly. No costs. 21.11.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The District Collector, Collectorate, Trichy Road, Thanjavur District.

2.The Zonal Deputy Tahsildar, Orathanadu Taluk, Thanjavur District.

3.The Village Administrative Officer, Ponnappur Melpathi Village, Orathanadu Taluk, Thanjavur District.

4/5

N.ANAND VENKATESH, J.

Nsr 21.11.2023 5/5