IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR KRISHNAN RAMASAMY, J
T.Dhanalakshmi – Appellant
Versus
The District Collector Erode – Respondent
WMP NO. 33860 OF 2023
| Table of Content |
|---|
| 1. right to patta due to long possession. (Para 2 , 5) |
| 2. commitment to conduct necessary inquiries. (Para 3) |
| 3. court acknowledges the petitioner's claim. (Para 4) |
| 4. court directs to address representation timely. (Para 6) |
PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents 1 and 2 to assign patta in favour of the petitioner in so far relates to the land situated in S.No.1526/1, Sivanmalai Village, Kangayam Taluk, Tiruppur District after receipt of the value assessed by the 2nd respondent.
For Petitioner(s): Ms.S.Pavithra for Mr.C.Prakasam For Respondent(s): Mr.T.K.Saravanan, AGP
ORDER
This writ petition has been filed to direct the respondents 1 and 2 to assign patta in favour of the petitioner in so far relates to the land situated in S.No.1526/1, Sivanmalai Village, Kangayam Taluk, Tiruppur District after receipt of the value assessed by the 2nd respondent.
2. The learned counsel for the petitioner would submit that the petitioner is in possession of the subject land, which is classified as “Government Tharisu Land” and he is doing agriculture therein for more than 30 years. However, no patta was issued in their name. Hence, a representation dated 10.10.2021 was filed, requesting the respondents to issue patta of the subject property in the name of petitioner. However, the same was not at all considered by the respondents till date. Hence, this petition.
3. In reply, the learned counsel appearing for the respondents would submit that in this matter, necessary orders will be passed after conducting enquiry. Hence, he requests this Court to pass appropriate orders.
4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.
5. In the case on hand, the petitioner is in possession and enjoyment of the subject property, which is an agricultural land to an extent of 2 Acres in Survey No.1526/1 and cultivating therein for past 30 years. In such case, certainly, the petitioner is entitled for patta in terms of the Revenue Standing Orders.
6. In view of the above, this Court directs the respondents to consider the petitioner’s representation dated 10.10.2021 in terms of the Revenue Standing Orders and dispose of the same, on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order.
7. With the above directions, this writ petition is disposed of. No cost.
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