Disposed

Nalini v. The District Collector

Madras HC20 Nov 2020WP/18886/2017

Case brief

AI extract

What is this about?

On the instant writ petition filed under Article 226 for issuance of patta to the petitioner's lands, the Court, suo motu, impleaded the newly competent District Collector, Ranipet, considering the recent district bifurcation.

What did the court decide?

Directed the 1st respondent to forward the representation to the 3rd respondent within two weeks, and the 3rd respondent to pass orders on merits within six weeks thereof.

Nalini Vs The District Collector — Land Acquisition | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.11.2020

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CORAM :

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The HON'BLE MR.JUSTICE M.DURAISWAMY

W.P.No.18886 of 2017

Nalini

... Petitioner

Vs.

1.The District Collector, ... Respondents Vellore.

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2.The Revenue Divisional Officer, Ranipet, Vellore District.

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3.The District Collector, Ranipet.

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(R3 suo motu impleaded vide order dated 20.11.2020)

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Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the 1^st respondent herein to issue patta for the lands in the petitioner possession and enjoyment in S.F.No.26 and S.F.No.27 Thalikkal Village, Vellore District by considering the petitioner's representation dated 17.04.2017.

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For Petitioner : Mr.S.Vinoth Kumar

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For Respondents : Ms.A.Madhumathi,

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Special Government Pleader (R1 to R3)

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ORDER

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The petitioner has filed the above Writ Petition to issue writ of mandamus directing the 1^st respondent to issue patta for the lands which are in possession and enjoyment of the petitioner in S.F.Nos.26 and 27 Thalikkal Village, Vellore District by considering her representation dated 17.04.2017.

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2.Admittedly, the petitioner has given a representation for issuance of patta based on the recommendation made by the 2^nd respondent on 17.04.2017 to the 1^st respondent.

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3.When the Writ Petition is taken up for hearing, Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents 1 & 2 submitted that the Vellore District has been bifurcated in the year 2020 and the land in question https://hcservices.ecourts.gov.in/hcservices/ would lie within the jurisdiction of the District Collector,

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Ranipet.

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4.Since the Writ Petition was filed as early as in the year 2017 and the representation was also given in the year 2017, the petitioner had no opportunity to implead the District Collector, Ranipet. In such view of the matter, in the interest of justice, I suo motu implead the District Collector, Ranipet, as the 3^rd respondent in the Writ Petition.

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5.The learned Special Government Pleader taking notice for the newly impleaded 3^rd respondent viz., the District Collector, Ranipet, submitted that the representation dated 17.04.2017 given by the petitioner to the 1^st respondent viz., the District Collector, Vellore, may be forwarded to the 3^rd respondent viz., the District Collector, Ranipet and on receipt of the same, the 3^rd respondent may be directed to pass orders in accordance with law within a time frame.

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6.The learned counsel for the petitioner has no objection for passing such an order.

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7.Having regard to the submissions made by the learned counsel on either side, I direct the 1^st respondent viz., the District Collector, Vellore to forward the representation given by the petitioner on 17.04.2017, to the 3^rd respondent viz., the District Collector, Ranipet, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the 3^rd respondent is directed to pass orders, taking into consideration the recommendation made by the 2^nd respondent, on merits and in accordance with law, within a period of six weeks thereafter.

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8.With these observations, the Writ Petition is disposed of. No costs.

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Assistant Registrar (CS III) // True Copy //

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Sub Assistant Registrar

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1.The District Collector, Vellore.

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2.The Revenue Divisional Officer, Ranipet, Vellore District.

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https://hcservices.ecourts.gov.in/hcservices/

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3.The District Collector, Ranipet.

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W.P.No.18886 of 2017

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PM (CO) UM (15.12.2020)

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https://hcservices.ecourts.gov.in/hcservices/

Nalini v. The District Collector

Case brief

What is this about?

What did the court decide?

Nalini v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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