Madras High Court
N.Ramasamy vs The District Collector on 6 October, 2021
W.P.No.18998 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.10.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.18998 of 2021
N.Ramasamy ... Petitioner
Vs.
1. The District Collector,
Collectorate, Namakkal District
Namakkal
2. The District Revenue Officer,
District Collectorate, Namakkal District
Namakkal
3. The Revenue Divisional Officer,
Thiruchengode Taluk, Vellore Road,
Thiruchengode, Namakkal District.
4. The Tahsildar, Office of Tahsildar,
Vellore Road, Thiruchengode Taluk,
Thiruchengode, Namakkal District ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the 4th respondent to receive the
amount of Rs.19,440/- as fixed by the 2nd respondent in the assignment
order dated 13.10.1998 along with interest as fixed in the Judgment made
in A.S.No.19 of 2013 dated 17.12.2013 on the file of the Sub Court,
1/7
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W.P.No.18998 of 2021
Thiruchengode and issue patta in favour of the petitioner as per his
representation dated 26.02.2021 for the land measuring 0.37.0 hectares in
Survey No.44/1 situating at Molippalli Village, Tiruchengode Taluk,
Namakkal District.
For Petitioner : Mr.C.Kulanthaivel
For Respondents : Mr.V.Veluchamy
Government Advocate
ORDER
This Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus directing the 4th respondent to receive the
amount of Rs.19,440/- as fixed by the 2nd respondent in the assignment
order dated 13.10.1998 along with interest as fixed in the Judgment made
in A.S.No.19 of 2013 dated 17.12.2013 on the file of the Sub Court,
Thiruchengode and issue patta in favour of the petitioner as per his
representation dated 26.02.2021 for the land measuring 0.37.0 hectares in
Survey No.44/1 situating at Molippalli Village, Tiruchengode Taluk,
Namakkal District.
2. According to the petitioner, his mother is in continuous possession
and enjoyment of the land measuring an extent of 0.37.0 hectares in
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W.P.No.18998 of 2021
survey no.44/1 situated at Molipalli Village, Thiruchengode Taluk,
Namakkal District, which described in the revenue records as 'Anadeenam
Poramboke' and subsequently, the same is in continuous possession and
enjoyment of the petitioner also for more than 70 years. Further, the
petitioner has spent huge money and manpower to develop the said land to
be suited to cultivable one. Based on the representations and several
documents placed on record, the 3rd respondent recommended to assign
the land in favour of the petitioner to the 2nd respondent. The 2nd
respondent has passed an order of assignment of the said lands in favour
of the petitioner on 13.10.1998 and the value of the said land was classified
as Rs.19,440/- . Moreover, the 4th respondent was directed to collect the
said land value from the petitioner along with sub division, stone and tree
changes and issue patta in favour of the petitioner by mutating the revenue
records.
3. Thereafter, the petitioner has approached the 4th respondent
immediately and it was informed to the petitioner that they have to survey
the said assigned lands before mutating in the revenue records, however
the same was not done for long time, and the petitioner also was not able
to pay the amount as assessed by the 2nd respondent in the assignment
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W.P.No.18998 of 2021
order, due to poverty and poor economical situation. Further, the petitioner
arranged to pay the amount in the 1st Week of August 2008, however, the
4th respondent refused to receive the payment from the petitioner and
issued a memo on 13.08.2008 stating that there is a delay in making the
payment. Thereafter, the petitioner issued notice dated 03.08.2010 to the
respondents to point out that there is no limitation fixed by the 2nd
respondent to pay the amount.
4. Further, the petitioner contends that there was either any
response or any reply from the respondents, hence the petitioner has filed
a civil suit in O.S.No.277 of 2010 before the District Munsif, Tiruchengode
to issue a mandatory injunction to the 4th respondent to receive the amount
of Rs.19,400/- as assessed in assignment order of the 2nd respondent
dated 13.10.1998 and issue patta in favour of the petitioner. The said suit
was decreed on 23.09.2011. As against the same, the respondents filed a
appeal in A.S.No.19 of 2013 on 17.12.2013 and the said appeal was also
dismissed and confirmed the decree and judgment of the trial court with
further direction to the petitioner herein to pay the amount of Rs.19,440/-
with interest of 6% per annum. Thereafter, no second appeal has been
preferred by the petitioner and since 8 years have been lapsed from the
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W.P.No.18998 of 2021
date of judgment of the first appeal and that there was no reply from the
respondents for the several representations made by the petitioner, the
petitioner has come forward with this petition.
5. Though on earlier occasion, opportunity was given by this Court to
the learned Government Advocate appearing for the respondents to seek
instructions, the learned Government Advocate reports no instructions and
the learned counsel for the petitioner would limit his prayer by stating that it
would suffice if the respondents are directed to consider the representation
made by the petitioner.
6. In view of the above and taking into consideration of the facts and
circumstances of the case and without expressing any opinion on the
merits of the matter, there shall be a direction to the 4th respondent to
consider the representation made by the petitioner dated 26.02.2021 and
deal with the same strictly in accordance with law and pass appropriate
orders [after affording opportunity to all the parties], within a period of four
months from the date of receipt of a copy of this order.
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W.P.No.18998 of 2021
In view of the above, the present Writ Petition is disposed of. No
costs.
06.10.2021
Index : Yes/No
Internet : Yes/No
Speaking /Non-Speaking Order
To
1. The District Collector,
Collectorate, Namakkal District
Namakkal
2. The District Revenue Officer,
District Collectorate, Namakkal District
Namakkal
3. The Revenue Divisional Officer,
Thiruchengode Taluk, Vellore Road,
Thiruchengode, Namakkal District.
4. The Tahsildar, Office of Tahsildar,
Vellore Road, Thiruchengode Taluk,
Thiruchengode, Namakkal District
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W.P.No.18998 of 2021
V.BHAVANI SUBBAROYAN, J.,
ssd
W.P.No.18998 of 2021
06.10.2021
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