Sundari v. Collector Office of The Collectorate Kancheepuram
2013-12-20
V.DHANAPALAN
body2013
DigiLaw.ai
JUDGMENT 1. Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the respondents. By consent of the learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself. 2. Heard Mr.J.Ravindran, learned counsel for the petitioners and Mr.R.Rajeswaran, learned Special Government Pleader, for the respondents. 3. The petitioners are before this Court seeking a direction to the 2nd respondent to issue patta to them with respect to 3 cents of land in S.No.418, Umayalpranancheri Village, Valayakkarai Post, Sriperumbudur Taluk, Kancheepuram, pursuant to the report of the 3rd respondent dated 31.01.2013. 4. The case of the petitioners is that there are several families residing in Survey No.418, Umayalpranancheri Village, for a long time and each occupying only 3 cents of land; since they are in long and continuous occupation of the said land, they applied to the respondents for grant of patta to the said land; based on the request, the 3rd respondent had conducted an enquiry and obtained statements not only from them but also from the Village Officer and from the general public as to their possession and occupation and he also caused necessary advertisement to that effect. It is the further case of the petitioners that based on the enquiry and statements obtained, the 3rd respondent had recommended to the 2nd respondent through his letter dated 31.01.2013 for issuance of patta to them. While that being so, contrary to the recommendation made by the 3rd respondent, notice under section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued to the 1st petitioner as if she is in possession of land in S.No.420, classified as Meikkal Poromboke, whereas the 1st petitioner is in possession of land in S.No.418 and is classified as "Tharisu" and "Punjai Tharisu" and at the instigation of the 4th respondent, 2nd and 3rd respondents are trying to forcefully evict us. Therefore, the petitioners preferred a representation to the 1st respondent on 11.11.2013. However, no order has been passed on the said representation. Finding that there is no effective and efficacious remedy for the petitioners, the petitioners are before this Court. 5.
Therefore, the petitioners preferred a representation to the 1st respondent on 11.11.2013. However, no order has been passed on the said representation. Finding that there is no effective and efficacious remedy for the petitioners, the petitioners are before this Court. 5. Though a larger relief of directing the respondents to issue patta to the petitioners has been sought for, the learned counsel for the petitioners submitted that the grievance of the petitioners would be redressed, if a direction is given to the 1st respondent to consider and pass orders on their representation dated 11.11.2013, within a time frame. 6. The grievance of the petitioners is that even as per the scheme of the Government, the persons like that of the petitioners who are in uninterrupted long possession of Tharisu and Punjai Tharisu land are entitled for 3 cents of land. The 3rd respondent had also recommended to the 2nd respondent through his letter dated 31.01.2013 for the issuance of patta to the petitioners. In this regard, the petitioners had also sent a representation on 11.11.2013. But, no order is passed. If that is the position, it is incumbent on the part of the 1st respondent to consider the petitioners representation dated 11.11.2013. 7. Considering the facts and circumstances of the case and In the light of the submissions made by the learned counsel for the petitioners, without going into the merits of the case, this writ petition is disposed of by directing the 1st respondent to look into the grievance of the petitioners in the above stated position and pass orders on their representation dated 11.11.2013, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 8. At this stage, the learned counsel for the petitioners apprehends that there may be eviction. In view of such apprehension expressed by the learned counsel for the petitioners, till the representation of the petitioners is considered and disposed of by the 1st respondent, the respondents are directed to maintain status-quo as on date. No costs. Connected miscellaneous petition is closed.