T.Shanmugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.T.Shanmugam 2.Poorani .. Petitioners vs 1.The District Collector, District Collectorate, 2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, Taluk Office,
5.The Village Administrative Officer, Village Administrative Office, Parvathipuram, Vadalur Post, .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records of the impugned order passed by the fourth respondent in Na.Ka.A3/3254/2023 dated 12.2.2024 and quash the same and direct the fourth respondent to issue patta to the petitioners. For the Petitioners : Mr.K.Thirumalai For the Respondents : Mr.T.K.Saravanan Government Advocate
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.K.Thirumalai, learned counsel for the petitioners; and, Mr.T.K.Saravanan, learned Government Advocate for the respondents.
2. Learned counsel for the petitioners submits that the Village Administrative Officer of Parvathipuram has given his no objection for
issuing patta in the names of the petitioners. The petitioners are occupying the land in question for more than seven decades. According to learned counsel for the petitioners, the petitioners are residing on the said land.
3. A status report is filed by the Tahsildar, Kurinjipadi, by stating that a school is situated and the land is required for expansion of the school. The petitioners are given free house site patta to an extent of 0.0080 sq. meter each in Arangamangalam Village Survey No.3/49 and 3/50 respectively on 12.2.2024.
4. The petitioners do not have any document of title over the land in question. The land in question is "tharisu". The petitioners are provided with free house site patta to an extent of 0.0080 sq. meter each in Arangamangalam Village Survey Nos.3/49 and 3/50 respectively as stated in the status report filed by the Tahsildar, Kurinjipadi.
5. In the light of that, the respondents shall hand over the free house site patta to an extent of 0.0080 sq. meter for each of the
petitioners in Arangamangalam Village Survey No.3/49 and 3/50 respectively and upon handing over possession, the petitioners would vacate the land in question and/or the respondent authorities are entitled to vacate the petitioners therefrom. The petitioners shall remain at the site on 25.3.2024 for accepting the free house site patta in Arangamangalam Village Survey Nos.3/49 and 3/50, respectively.
6. With these observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.5916 of 2024 is closed. W.M.P.No.5915 of 2024 filed by the petitioners to permit them to file a single writ petition is allowed and disposed of. (S.V.G., CJ.) (D.B.C., J.) 08.03.2024 Index :
Yes/No :
Yes/No bbr
To 1.The District Collector, District Collectorate, 2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, Taluk Office, 5.The Village Administrative Officer, Village Administrative Office, Parvathipuram, Vadalur Post,
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 08.03.2024