P.Dhananjayan @ Dhananchezhiyan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 1065 of 2024 P.Dhananjayan @ Dhananchezhiyan ... Petitioner versus 1.The Tahsildar, O/o.The Tahsildar, Katpadi Taluk, Vellore District.
2.The District Collector, Vellore.
... Respondents [2nd respondent is suo motu impleaded as per order of this Court dated 15.03.2024] Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to issue patta to the petitioner in respect of the land in S.No.184 to an extent of 0.10.0 ares situated in Ponnai Atthingavariyur Village, Katpadi Taluk, Vellore District as per order of respondent vide his proceedings in Ni.Mu.Pi2/3624/2018 dated 17.10.2018 within a stipulated period that may be fixed by this Court. Pg.Nos.1/6
For Petitioner :
Mr.G.Balamanikandan For Respondents :
Mr.T.Arun Kumar Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to issue Patta to the petitioner in respect of the land in S.No.184, measuring to an extent of 0.10.0 ares, situated in Ponnai Atthingavariyur Village, Katpadi Taluk, Vellore District, as per the order of the first respondent vide his proceedings in Ni.Mu.Pi2/3624/2018 dated 17.10.2018.
2. The District Collector, Vellore is suo motu impleaded as second respondent in this writ petition.
3. The case of the petitioner is that the total extent of land in S.No.184 is 1.03.0 Hectares is classified as ''Anadheenam Dry Lands'' in the Revenue Records. The petitioner and his forefathers were cultivating the said land to an extent of 0.12.0 Ares for more than 70 years. However, they had not been provided with Patta. Therefore, the petitioner has given several Pg.Nos.2/6
representations to the District Collector, Vellore and other Revenue officials including the first respondent herein, seeking to issue Patta in respect of the land measuring to an extent of 0.12.0 ares comprised in S.No.184, but there was no response from the respondents. Again, the petitioner has given a representation dated 28.05.2018 to the District Collector, Vellore. Thereafter, after enquiry, the first respondent herein, by proceedings dated 17.10.2018, passed an order to issue Patta in favour of the petitioner in respect of the land in question. Despite the said order, Patta has not been issued till date, and hence the petitioner is constrained to file the present writ petition.
4. The learned Additional Government Pleader appearing for respondents submitted that the subject land is classified as ''Anadeenam Land''. The petitioner's representation was already considered by the first respondent and orders were also passed and physical Patta was already issued to the petitioner. Since the Anadeenam lands were being mutated, online Patta will be granted to the writ petitioner as and when the District Collector passes an appropriate orders in this regard.
5. Heard both sides and perused the materials available on record. Pg.Nos.3/6
6. It is seen that the first respondent/Tahsildar passed an order on 17.10.2018 issuing Patta in favour of the petitioner. However, till date, the authority concerned has not issued Patta in favour of the petitioner. Therefore, the first respondent is directed to issue Patta in favour of the petitioner within a period of six weeks from the date of receipt of a copy of this order, if the petitioner is otherwise eligible to get Patta. The District Collector, Vellore is directed to look into the matter and give suitable advice to the first respondent/Tahsildar to issue Patta in favour of the petitioner.
7. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
15.03.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6
To 1.The Tahsildar, O/o.The Tahsildar, Katpadi Taluk, Vellore District.
2.The District Collector, Vellore.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 15.03.2024 Pg.Nos.6/6