I. Amulraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.03.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.9229 of 2014 I.Amulraj

...Petitioner

Vs.

1. The District Collector Thiruvallur District.

2. The District Revenue Officer Thiruvallur District.

3. The Revenue Divisional Officer Thiruvallur District.

4. The Tahsildar Thiruvallur District.

...Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the respondents to consider the petitioner's representation dated 28.10.2013, in so far as, in the said representation, the petitioner had sought for issuance of pata to his property situated at Arunthathipuram, Keelacherry Village & Post, Thiruvallur District 631 402, comprised in Survey No.297, measuring to an extent of 3 cents. For Petitioner : Mr.S.Baskaran For Respondents : Mr.S.Gunasekaran Government Advocate

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2.Heard Mr.S.Baskaran, learned Counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing for respondents.

3.The petitioner seeks for issuance of writ of mandamus to direct the respondents to consider his representation dated 28.10.2013, for issuance of pata.

4.According to the petitioner, the land in question is a 'grama natham', he is in possession of the same for more than three decades and inspite of his repeated requests, patta has not been issued. Therefore, the petitioner now seeks for grant of patta in respect of the land in which according to him has put up small thatched hut.

5. Firstly, the petitioner has to satisfy that the land is a 'grama natham' and consequently, he should produce the proof to show that he is in continuous possession for several years and this issue cannot be decided in the Writ Petition.

6.Hence, the relief sought for by the petitioner cannot be granted at this stage. However, liberty is granted to the petitioner to appear before the fourth respondent with all records and satisfy the authorities about his entitlement. On such production and on being satisfied, the fourth respondent shall consider the case of the petitioner and pass appropriate 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. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar

rpa To

1. The District Collector Thiruvallur District.

2. The District Revenue Officer Thiruvallur District.

3. The Revenue Divisional Officer Thiruvallur District.

4. The Tahsildar Thiruvallur District.

1CC to Mr.S.Baskaran, Advocate SR 11631 1CC to Government Pleader SR 11567 W.P. No. 9229 of 2014 RK [CO] PSI 21.03.2015