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Madras High CourtWP/764/2025allowed

A.Santhi v. The District Collector Of Kallakurichi

2025-01-10Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A. Santhi

...Petitioner

Vs.

1.The District Collector of Kallakurichi Collectorate, Kallakurichi 2.The District Revenue Officer Office of the District Collector, Kallakurichi, Kallakurichi District 3.The Revenue Divisional Officer Cuddalore 4.The Revenue Tahsildar O/o The Tahsildar, Vanapuram Taluk, Kallakurichi District

...Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constition of India, to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 19.11.2024 and to cancel the wrong classification of petitioner's land as vacant plot and issue patta for her share of lands measuring 0.02 1/4 cents out of the total extent of 0.03.52 ares, comprised in new survey no.141/2 (old survey no.10/2) in Brammagundam Village, Vanapuram Taluk, Kallakurichi District.

For Petitioner :

Mr. T.Dhanasekaran For Respondents :

Mr. M.R.Gokul Krishnan Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondents herein to consider the petitioner's representation dated 19.11.2024 and to cancel the wrong classification of petitioner's land as vacant plot and issue patta for her share of lands measuring 0.02 1/4 2/6

cents out of the total extent of 0.03.52 ares, comprised in new survey no.141/2 (old survey no.10/2) in Brammagundam Village, Vanapuram Taluk, Kallakurichi District"

2. The subject property belongs to the petitioner. The petitioner has been in continuous possession and enjoyment of the subject property. The petitioner has been continuously paying house tax and electricity charges. The Aadhar card was issued to the petitioner mentioning the subject property as her address.

3. The petitioner would submit that under Natham Settlement Scheme, the subject property has been classified as a vacant plot by the Revenue Department. Therefore, the petitioner submitted a representation dated 19.11.2024, to the respondents requesting to cancel the wrong classification of her land as a vacant plot and issue patta in her favour. Since there is no response, the petitioner has filed the Writ Petition.

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4. Heard the learned counsels on the either side and perused the records.

5. Considering the fact that the property has been in possession of the petitioner and her predecessors for several decades and the fact that the petitioner's representation dated 19.11.2024 has not been responded to, there shall be a mandamus to the respondents to cancel the wrong classification of the petitioner's land by considering her representation. In case of a rejection, a speaking order shall be passed. The said exercise shall be completed within a period of 4 months from the date of receipt of a copy of this order.

6. The Writ Petition is allowed. No costs.

10.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector of Kallakurichi Collectorate, Kallakurichi 2.The District Revenue Officer Office of the District Collector, Kallakurichi, Kallakurichi District 3.The Revenue Divisional Officer Cuddalore 4.The Revenue Tahsildar O/o The Tahsildar, Vanapuram Taluk, Kallakurichi District 5/6

P.T. ASHA, J, kan W.P.No. 764 of 2025 10.01.2025 6/6