Nanjappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 2182 of 2025 Nanjappan

...Petitioner

Vs.

1.The District Collector Coimbatore - 641 018 2.The District Revenue Officer Coimbatore - 641 018 Coimbatore District.

3.The Revenue Divisional Officer Coimbatore (North) Coimbatore District.

4.The Tahsildar Coimbatore (North) Taluk, Coimbatore District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents, 1/8

particularly the fourth respondent to act upon the proceeding bearing Na.Ka. 3344/ 2019 / A6 dated 30.06.2019 on his file, conduct an enquiry and to issue patta to the petitioner for the land in survey no. 1114/ 7.

For Petitioner :

Mr. M.Elumalai 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, particularly the fourth respondent to act upon the proceeding bearing Na.Ka. 3344/ 2019 / A6 dated 30.06.2019 on his file, conduct an enquiry and to issue patta to the petitioner for the land in survey no. 1114/ 7."

2. It is the case of the petitioner that he is in possession of an extent of 0.40.5 hectares comprised in S.No.1114/7, Veerapandi 2/8

Village Panchayat, Aanaikatti, Vadakalur, Coimbatore North Taluk, Coimbatore District and has been carrying on agricultural activities in the said land for over 50 years. He belongs to marginalised society and eking out his income from agricultural activities.

3. The petitioner would submit that considering the long possession of the property he has been making several representation to the respondents to confer him with patta. Since no patta has been issued to the petitioner, he is unable to enjoy the benefits of the Government schemes.

4. In fact, the petitioner who has lost his crops in the flood during rainy season is not in a position to obtain the compensation from the Government. It is his case that the adjacent land owner one Thulasiammal, has been granted with patta. The petitioner would submit that he made a representation on 02.01.2012 seeking an issue of patta in his name.

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5. Once again on 19.01.2019, the petitioner made a representation since the earlier representation has not been taken care of. On the basis of this representation, a report was sought for from the Village Administrative Officer of Veerapandi Village. A report dated 25.06.2019 has also been submitted by the Village Administrative Officer to the 4th respondent. A similar report dated 25.06.2019 has been obtained from the Revenue Inspector.

6. On receiving the report, the 4th respondent by his proceedings dated 30.06.2019, informed the petitioner that he would be issued with patta under the Land Assignment Scheme as given to Thulasiammal. Thereafter, there has been no further activities on the side of the respondents.

7. On 26.04.2021, the petitioner submitted yet another representation to the 2nd respondent enclosing the proceedings of the 4th respondent dated 30.06.2019, requesting to issue of patta. However, no 4/8

action has been taken. Thus aggrieved the petitioner is before this Court.

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

9. It is rather unfortunate that by reason of indifferences shown by the respondents, the petitioner who not only belongs to the marginalised Society but who is an Agriculturalist has been denied benefits of various Government Schemes only on the ground that he does not possess patta.

10. That apart, a report of the Village Administrative Officer as also the Revenue Inspector clearly recommend the issue of patta to the petitioner. That apart, the 4th respondent by his communication dated 30.06.2019 assures that preference would be given to the petitioner. Therefore, a mandamus is issued to the 4th respondent to act upon his letter dated 30.06.2019, in the light of the report submitted by the 5/8

Village Administrative Officer as also the Revenue Inspector and pass orders, within a period of 4 weeks from the date of receipt of a copy of this order.

11. The Writ Petition is allowed. No costs.

27.01.2025 Index : Yes/No Internet : Yes/No kan 6/8

To 1The District Collector Coimbatore - 641 018 2.The District Revenue Officer Coimbatore - 641 018 Coimbatore District.

3.The Revenue Divisional Officer Coimbatore (North) Coimbatore District.

4.The Tahsildar Coimbatore (North) Taluk, Coimbatore District.

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P.T. ASHA, J, kan W.P.No. 2182 of 2025 27.01.2025 8/8