G.Agalya v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.17448 of 2012 G.Agalya
...Petitioner
Vs
1. The Secretary to the Government, Revenue Department, Secretariate, Chennai - 600 009
2. The Land Administrative Commissioner, Chepauk, Ezhilagam, Chennai - 600 005
3. The District Collector, Collectorate of Villupuram, Villupuram, Villupuram District
4. The Revenue Divisional Officer, Kallakurichi Revenue Division, Kallakurichi Taluk, Villupuram District
5. The Tahsildar, Kallakurichi Taluk Office, Kallakurichi Taluk, Villupuram District
...Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus on the basis of the petitioner's representation dated 26.06.2012 to direct the respondents to issue patta for the petitioner's land for the survey No.136/6 and 136/8 respectively situated in Indili Village & Post, Kallakurichi Taluk, Villupuram District. For Petitioner : No appearance For Respondents : Mr.R.Neelakandan, Government Advocate
ORDER
This Writ Petition is filed to issue a writ of mandamus on the basis of the petitioner's representation dated 26.06.2012 to direct the respondents to issue patta for the petitioner's land for the survey No.136/6 and 136/8 respectively situated in Indili Village & Post, Kallakurichi Taluk, Villupuram District.
2. The petitioner submitted his representation for issuance of patta to the land comprised in survey No.136/6 and 136/8 situated in Indili Village, Kallakurichi Taluk, Villupuram District. According to the petitioner, he purchased the said property to an extent of 1.86 acres on 17.08.1997 from one Kolanji and Mr.Kanagaraj. Whereas the counter affidavit filed by the respondents, revealed that one, Venkatesan filed writ petition before this court in WP.No.2686 of 2011 and this Court directed to dispose of his representation in respect of issuance of patta to the very same land. On the enquiry, the fifth respondent found that the petitioner is not eligible for getting patta for the said land since it is classified as 'dry tharisu'.
Whereas the said Venkatesan submitted relevant documents to prove his enjoyment and title over the said property. That apart, the petitioner failed to prove his ownership of the said property with relevant documents before the fifth respondent. Though the petitioner produced sale deed and he failed to produce any parental document for the said property. Therefore, his representation was rightly rejected by the fifth respondent by order dated 12.07.2012 in ROC.A9/2001/2011. Hence, this writ petition is devoid of merits.
3. Accordingly, this writ petition is dismissed. No order as to costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar lok To
1. The Secretary to the Government, Revenue Department, Secretariate, Chennai - 600 009
2. The Land Administrative Commissioner, Chepauk, Ezhilagam, Chennai - 600 005
3. The District Collector, Collectorate of Villupuram, Villupuram, Villupuram District
4. The Revenue Divisional Officer, Kallakurichi Revenue Division, Kallakurichi Taluk, Villupuram District
5. The Tahsildar, Kallakurichi Taluk Office, Kallakurichi Taluk, Villupuram District +1 CC to The Government Pleader, Sr.No. 39440. WP.No.17448 of 2012 PL(CO) LS(03/09/2021)