2024 Supreme(Online)(MAD) 43274
HIGH COURT OF MADRAS
MRS.JUSTICE N.MALA, J
Veeriya Perumal – Appellant
Versus
The District Collector – Respondent
W.P(MD)NO.30514 OF 2024
Ms.Jasima Yasmin for M/s.Ajmal Associates, Mr.A.Kannan, Addl.Govt.Pleader
The court directed the first respondent to consider the petitioner's representation for land rights within a specified timeframe, ensuring fair administrative process.
Headnote:(A) Writ of Mandamus - The petitioner sought a Writ of Mandamus directing the first respondent to issue patta for land based on representations made. The petitioner claimed continuous occupation and cultivation for over fifty years, while adjacent occupiers received patta. The court directed the first respondent to consider the representation dated 18.11.2024 within 12 weeks, ensuring an opportunity for hearing. (Paras 1, 5)
(B) Administrative Procedure - The court emphasized the necessity for timely consideration of representations made by individuals regarding land rights, highlighting the importance of fair administrative processes. (Paras 4, 5)
O R D E R
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This Writ Petition is filed for a Writ of Mandamus directing the first respondent to issue patta in the name of the Petitioner qua the land to an extent of 32 cents and 24 cents, comprised in S.No. 1834/1 and S.No.1834/6 respectively, situated at Veerapandi Village, Vayalpatti, Theni Taluk, Theni District by considering the representations dated 19.6.2023 and 18.11.2024 preferred by the Petitioner within the Period stipulated by this Court.
2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.According to the Petitioner, he has been in occupation and cultivation of the subject Tharisu land for over a period of fifty years. In view of the continous possession and cultivation of the said lands, the petitioner submitted a representation, dated 19.06.2023 to the first respondent for issuance of patta in his favour for the subject land. Though the first respondent received the representation, no action was taken. It is the Petitioner’s case that the adjacent occupiers have been issued with patta, but the same was denied to the Petitioner’s land. As the adjacent occupiers were issued with settlement order by the respondents, the Petitioner sent a representation and another representation on 18.11.2024 to the respodnents and the same is kept pending till date. The Petitioner, therefore, filed the above Writ petition for the aforesaid relief.
4.When the matter was taken up for hearing, the learned counsel for the Petitioner submits that though a larger relief has been claimed, it would suffice if the Petitioner’s representation dated 18.11.2024 is considered by the first respondent within a time frame fixed by this Court.
5.Considering the limited prayer sought for by the Petitioner, a direction is issued to the first rspondent to consider the Petitioner’s representation, dated 18.11.2024, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order It is needless to state that the respondents shall give an opportunity of hearing to the petitioner before passing orders on the Petitioner’s representation.
6.The Writ Petition is disposed of accordingly. No costs.