The court directed the revenue authorities to consider and decide upon the petitioner's representation regarding alleged land encroachment and illegal issuance of free patta, ensuring a fair hearing for all affected parties.

PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made in survey No.276/27, 276/42, 276/43 at Perattukottai Village, Devakottai Taluk, Sivagangai District by the respondents 7 and 8, thereby to cancel the free patta illegally issued to respondents 7 and 8 and mother of 7th respondent namely Kuppammal (died) in the light of the petitioners last representation dated 05.09.2022.

O R D E R

(Order of the Court was made by M.DHANDAPANI, J.)

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 6 to remove the encroachment made in survey No. 276/27, 276/42, 276/43 at Perattukottai Village, Devakottai Taluk, Sivagangai District by the respondents 7 and 8, thereby to cancel the free patta illegally issued to respondents 7 and 8 and mother of 7th respondent namely Kuppammal (died) in the light of the petitioners last representation dated 05.09.2022.

2. Heard the learned counsel for the parties.

3. The petitioner claims to have purchased a property situated in Survey No.276/5, measuring an extent of 6 cents, at Perattukottai Village, Devakottai Taluk, Sivagangai District. The grievance of the petitioner is that the respondents 7 and 8 have allegedly encroached upon her property as well as the adjacent Government poramboke land, relying upon a free patta allegedly obtained by the mother of the seventh respondent and have proceeded to subdivide the encroached portion. In this regard, the petitioner submitted a representation dated 05.09.2022, seeking removal of the alleged encroachment. However, no orders have been passed on the said representation till date. Hence, the petitioner has approached this Court by filing the present writ petition.

4. The learned counsel appearing for the petitioner would further submit that, it would suffice if this Court issues a direction to the respondents 1 to 6 to consider the petitioner's representation dated 05.09.2022 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.

5. The learned Additional Government Pleader appearing for the official respondents 1 to 6, on instructions, would submit that the authority concerned will consider the petitioner's grievance and pass appropriate orders on merits and in accordance with law.

6. Considering the above facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the respondents 1 to 6 to consider the petitioner's representation dated 05.09.2022 and pass appropriate orders on merits and in accordance with law, after providing a reasonable opportunity of hearing to the necessary parties including the respondents 7 and 8. Such exercise shall be completed as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. No costs.