IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:05.04.2017 CORAM The Honourable MR. JUSTICE M.DURAISWAMY W.P.Nos.7655 to 7662 of 2017 & W.M.P.Nos. 8371 to 8378 of 2017 Aruljothi ... Petitioner in W.P.No.7655/2017 A.Sambantham ... Petitioner in W.P.No.7656/2017 K.Selvanayaki ... Petitioner in W.P.No.7657/2017 P.Kannan ... Petitioner in W.P.No.7658/2017 S.Janaki ... Petitioner in W.P.No.7659/2017 P.Kamatchi ... Petitioner in W.P.No.7660/2017 K.Chitra ... Petitioner in W.P.No.7661/2017 S.V.Dharani ... Petitioner in W.P.No.7662/2017 v.
1 The Principal Secretary/ Commissioner of Land Administration Ezhilagam, Chepauk, Chennai-600 005.
2 The District Collector Kancheepuram District, Kancheepuram
3 The District Revenue Officer Collectorate Complex, Kancheepuram Kancheepuram District
4 The Revenue Divisional Officer Kancheepuram, Kancheepuram District
5 The Tahsildar Kancheepuram Taluk Kancheepuram District ... Respondents in all WPs W.P.No.7655/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to grant Ryotwari patta in the petitioner's name in respect of the lands bearing S.Nos.41/1, 42/16, 42/17, 60/12, 104/7A totally 1.31 acres situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed occupied by considering the petitioner's representation dated 6.3.2017.
W.P.No.7656/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to grant Ryotwari patta in the petitioner's name in respect of the lands bearing S.Nos.81/10, 81/11, 82/4, 82/5, 82/6, 86/1, 88/1, 88/2, 88/3, 88/4, 88/5, 88/6, 88/7, 88/8, 88/9, 88/16, 88/17, 67/6, 87/17, 83/2, 87/6, 27/2, 85/4 totally 3.12 acres situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed occupied by considering the petitioner representation dated 6.3.2017.
W.P.No.7657/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to grant Ryotwari patta in the petitioner's name in respect of the lands bearing S.Nos.71/3, 72/11, 74/12, 74/13, 74/14, 74/15, 79/3, 80/2, 80/11, 80/14, 80/17, 80/18, 80/19, 82/1, 82/2, 82/3, 82/8, 82/9, 82/10, 82/11, 82/12, 82/13, 82/14, 82/15, 82/17, 83/4, 83/5, 83/7, 85/3, 87/2, 87/4, Nanjai Survey No.49/13, 62/17 totally 5.09 acres situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed occupied by considering the petitioner representation dated 6.3.2017.
W.P.No.7658/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to grant Ryotwari patta in the petitioner's name in respect of the lands bearing S.Nos. 64/4, 70/13, 71/2, 71/4, 71/5, 71/6, 71/8, 71/10, 71/11, 71/13, 72/2, 72/3, 72/4, 72/5, 72/9, 73/10, 73/11, 74/2, 74/17, 79/3, 80/3, 80/12, 80/13, 80/16, 81/1, 81/2, 81/4, 81/6, 81/7, 81/12, 83/7, 85/1, 85/2, 85/4, 87/3, 87/4, totally 8.70 acres acres situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed occupied by considering the petitioner representation dated 6.3.2017.
W.P.No.7659/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to grant Ryotwari patta in the petitioner's name in respect of the lands bearing S.Nos..Nos.78 and 79/1 totally 3.01 acres situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed occupied by considering the petitioner representation dated 10.03.2017 & 15.03.2017.
W.P.No.7660/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to grant Ryotwari patta in the petitioner's name in respect of the lands bearing S.Nos. 77/1, 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, totally 2.78 acres situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed occupied by considering the petitioner representation dated 15.03.2017.
W.P.No.7661/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to grant Ryotwari patta in the petitioner's name in respect of the lands bearing S.Nos. 78, 79/2, 80/9, 80/20 totally 2.13 acres s situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed occupied by considering the petitioner representation dated 15.03.2017.
W.P.No.7662/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to grant Ryotwari patta in the petitioner's name in respect of the lands bearing S.No.78 - 2.47 acres out of 6.20 acres situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed, occupied by considering the petitioner representation dated 15.03.2017.
For Petitioner : Mr.V.Lakshmi Narayanan (in all WPs) For Respondents : Mr.A.N.Thambidurai (in all WPs) Spl. Govt. Pleader COMMON ORDER The petitioners have filed the above writ petitions to issue a Writ of Mandamus, directing the respondents to grant Ryotwari patta in petitioners' names in respect of their lands situated at Kilkadirpur Village, Kancheepuram Taluk and District after reclassifying it as assessed occupied, by considering the petitioner representations dated 06.3.2017, 10.03.2017 and 15.03.2017.
2.1 It is the case of the petitioners that their ancestors partitioned the property and they were in possession and enjoyment of the same. When the Government classified the land on 01.10.1951, the lands were classified as Aanadeenam situated at Kilkadirpur Village, Kancheepuram Taluk and District without issuing notice to the ryots.
2.2. According to the petitioners, they purchased the properties from various persons under different sale deed and that they have been in possession and enjoyment of the property by cultivating crops in the land.
3. Mr.V.Lakshmi Narayanan, learned counsel appearing for the petitioners submitted that though the petitioners have given their representations dated 06.3.2017, 10.03.2017 and 15.03.2017 for issuance of Ryotwari patta in respect of the lands belonging to the petitioners in the above said village, the respondents have not considered their representations till this date.
4. Mr.A.N.Thambidurai, learned Special Government Pleader, taking notice for the respondents submitted that the third respondent may be directed to consider the petitioners' representations and pass orders, in accordance with law, within a time frame.
5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the third respondent to consider the petitioners' representations dated 06.3.2017, 10.03.2017 and 15.03.2017 and pass orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
With these observations, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
05.04.2017 Index: Yes/No Rj To
1 The Principal Secretary/ Commissioner of Land Administration Ezhilagam, Chepauk Chennai-600 005.
2 The District Collector Kancheepuram District, Kancheepuram
3 The District Revenue Officer Collectorate Complex, Kancheepuram Kancheepuram District
4 The Revenue Divisional Officer Kancheepuram, Kancheepuram District
5 The Tahsildar Kancheepuram Taluk Kancheepuram District M.DURAISWAMY,J.
Rj W.P.Nos.7655 to 7662 of 2017 & W.M.P.Nos. 8371 to 8378 of 2017 05.04.2017