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2025 Supreme(Online)(Mad) 67813
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice Krishnan Ramasamy, J
Mannathan – Appellant
Versus
The District Collector, Cuddalore – Respondent
W.P.No.33819 of 2025 | W.P.No.33822 of 2025
For the Appellants/Petitioners: Mr.N.U.Prassanna
For the Respondents: Mr.C.Jayaprakash
Court directed timely consideration of petitions for land grant under government regularization policy following failure to address representations.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petitioners sought grant of patta for land after submitting representations which were not considered - Court directed the respondents to consider the representations on merits and in accordance with law under G.O.(MS) No.97 dated 21.02.2025. (Paras 1, 6, 7)
(B) Encroachments - Regularization - The State Government implemented measures for regularizing certain residential encroachments and directed action to be taken within specified time frames. (Para 7)
Facts of the case:
The petitioners submitted representations for land grants which were pending consideration despite prolonged possession of the properties for over 30 years.
Findings of Court:
The respondents were directed to consider the representations in light of the government's regularization orders.
Issues: The court addressed the delay in responding to petitions for land patta and the validity of government orders on regularization.
Ratio Decidendi: The court emphasized timely action on representations and adherence to legal protocols set by the government.
Result: Writ Petitions disposed of with directions.
| Table of Content |
|---|
| 1. petitioners seeking land patta. (Para 3 , 4) |
| 2. delay in processing representations on property grant. (Para 5) |
| 3. court's directive on timely response to petitions. (Para 6) |
... Respondents in both W.P.'s Prayer in W.P.No.33819 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 06.06.2025 for the grant of patta in respect of the land admeasuring 1705 sq. ft. in Old Survey No.33/1, New Survey No.28/1 of Keezhvenmani Nagar, Perumalnaickenpalayam, Melpattampakkam, Cuddalore District, within a stipulated time frame as may be fixed by this Court.
Prayer in W.P.No.33822 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 06.06.2025 for the grant of patta in respect of the land admeasuring 640 sq. ft. in Old Survey No.33/1, New Survey No.28/1 of Kil Venmani Nagar, Perumalnaickenpalayam, Melpattampakkam, Cuddalore District, within a stipulated time frame as may be fixed by this Court.
For Petitioner : Mr.N.U.Prassanna (in both W.P.'s)
For Respondents : Mr.C.Jayaprakash (in both W.P.'s)
C O M M O N O R D E R
Mr.C.Jayaprakash, learned Government Advocate takes notice on behalf of the respondents. With consent, the main writ petition is taken up for final disposal at the stage of admission itself.
2. Since the issue involved and relief sought for in both these writ petitions are one and the same, they are taken up together and disposed of by a common order.
3. W.P.No.33819 of 2025 has been filed to direct the respondents to consider the petitioner's representation dated 06.06.2025 for the grant of patta in respect of the land admeasuring 1705 sq. ft. in Old Survey No.33/1, New Survey No.28/1 of Keezhvenmani Nagar, Perumalnaickenpalayam, Melpattampakkam, Cuddalore District, within a stipulated time frame as may be fixed by this Court.
4.W.P.No.33822 of 2025 has been filed to direct the respondents to consider the petitioner's representation dated 06.06.2025 for the grant of patta in respect of the land admeasuring 640 sq. ft. in Old Survey No.33/1, New Survey No.28/1 of Kil Venmani Nagar, Perumalnaickenpalayam, Melpattampakkam, Cuddalore District, within a stipulated time frame as may be fixed by this Court.
5. The learned counsel for the petitioner would submit that the petitioners submitted representations to the respondents on 06.06.2025, for the grant of patta in respect of the subject properties, wherein the petitioners have put up construction. Since the same have not been considered till date, the petitioners have come forward with these writ petitions seeking for the aforesaid relief.
6. The learned Government Advocate appearing for the respondents would submit that Government has issued G.O.(MS) No.97 dated 21.02.2025 for regularization of the residential encroachments and based on the same, necessary action will be taken for issuance of patta with respect to petitioner's properties within a period of four weeks. 7. Considering the submissions made by the learned counsel appearing on either side, this Court directs the respondents concerned to pass orders on the representations of the petitioner dated 06.06.2025 on merits and in accordance with law, after issuing notice to the petitioner and also affording due opportunity of hearing to the petitioner as well as to any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order, after taking into consideration the G.O.(MS) No.97 dated 21.02.2025 and also taking note of the fact that the petitioners are in continous possession of the subject properties for the past 30 years.
8. With the above directions, these Writ Petitions are disposed of.
