Y. S. Ramasamy v. District Collector of Salem District, Salem
2013-12-16
M.VENUGOPAL
body2013
DigiLaw.ai
Judgment : 1. The Petitioner has projected the present instant Writ of Mandamus praying for an issuance of order by this Court in directing the Respondents to consider his representation dated 22.8.2006, for issuance of Patta in respect of the lands in his possession and enjoyment, in Survey No.128/1, Yethapur Village and Post-636 117, Attur Taluk, Salem District. 2. According to the Petitioner, the Government of Tamil Nadu issued "B" Memo on 13.08.1997 in his favour for the lands enjoyed by him and also that he is enjoying the property without any interruption. Added further, his ancestors cultivated the land and planted trees and he is also continuing to do the same for morethan 50 years. 3. The case of the Petitioner is that, he sent a representation dated 22.08.2006 to the First, Third and the Fourth Respondents and requested them to issue patta for the lands in his possession on the basis of "B" Memo issued to him. 4. The grievance of the Petitioner is that the First, Third and the Fourth Respondents have not sent any reply to his representation. On 13.12.2013, without any prior information or notice the Fifth Respondent/President of Yethappur Panchayat Union, with his staff visited the Petitioner's property and removed the grown up trees and also threatened to dispossess him out of the property. The Petitioner along with son sent a telegram dated 15.12.2012 to the First, Second and the Third respondents, the Superintendent of Police, Salem and the Deputy Superintendent of Police, Attur, about the high-handed activities of the Fifth Respondent and his staff. 5. The short and limited prayer sought for by the Petitioner in the Writ Petition is to consider his representation dated 22.08.2006 by the Respondents. Inasmuch as the Respondents 1, 3 and 4 have not sent any reply to the representation of the Petitioner dated 22.08.2006, this Court on the basis of Fair play and in the interest of justice as also on the equity directs the Fourth Respondent/Tahsildar to consider the representation of the Petitioner, dated 22.08.2006, in a fair, just, objective and dispassionate manner and to dispose of the same, in the manner known to law and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order (Ofcourse after giving enough opportunities to the petitioner and by adhering to the Principles of natural justice) 6.
With the aforesaid direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.