Valliammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. VALLIAMMAL w/o. palaniappan, NO. 140 ARANMANAIKADU, MARURTHURAI POST, NATHAKAADAIYUR, KANGAYAM TK, TIRUPUR DISTRICT 638 108 Petitioner(s) Vs

1. The District Collector O/o District Collector, Tirupur Dist 2.The Revenue Divisional Officer O/o Revenue Divisional Office, Dharapuram Tk, Tirupur Dist 3.TAHSILDAR O/o The Tahsildar, Kangeyam Tk, Tirupur Dist 4.Sub Inspector (land Survey Kangeyam Tk, Tirupur Dist

5.MOHANKUMAR W/o. Krishnamorhi Aranmanai Kadu, Marudurai Village, Nathakadaiyur, Kangayam, Tirupur Dist 6.RANJITHAM W/o. Thangavel Aranmanai Kadu, Marudurai Village, Nathakadaiyur, Kangayam, Tirupur Dist 7.THANGAMMAL W/o. Kuzha Thaivel, Aranmanai Kadu, Marudurai Village, Nathakadaiyur, Kangayam, Tirupur Dist Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus Directing the 2nd respondent to issue a patta for the land in present possession and occupation in survey no. 283/6D part 6E part and 6F part an extent of 1.92 acres at Marudurai village, kangeyam tk tirupur dist based on the inspection and issued FMB sketch by the Sub inspector Kangeyam dated nil and on the basis of the representation dated 16.10.24 For Petitioner(s):

D.Veerasekaran

For Respondents Mr.M.R.Gokula Krishnan Additional Government Pleader for R1 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2 nd respondent to issue patta in the name of the petitioner with respect to the subject property based on the representation made by the petitioner on 16.10.2024.

2. Heard Mr.D.Veerasekaran, learned counsel for the petitioner and Mr.M.R.Gokula Krishnan, learned Additional Government Pleader for respondents 1 to 4.

3.

The case of the petitioner is that the petitioner is one of the beneficiaries, who was assigned the subject land through proceedings dated 31.03.1995 of the Assistant Commissioner of Land Reforms. The petitioner thereafter had put up a bore well in the said land and was residing along with the family from the date of assignment. The petitioner had applied for a separate

patta in her name and the same was issued in her name. After nearly 23 years, there was a boundary dispute and hence, the petitioner made an application for survey of the subject property and for fixing the boundaries. After the survey was completed, the land that was assigned to the petitioner was identified and it was also indicated in the FMB sketch. Under these circumstances, based on the FMB sketch, the petitioner wanted the patta to be issued in her name by showing the correct extent. The representation made by the petitioner was not considered and in the meantime, an attempt was made by the private respondents to encroach upon the property. It is under these circumstances, the present writ petition has been filed before this Court seeking for appropriate directions.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2 nd respondent to deal with the repersentation made by the petitioner on 16.10.2024 on its own merits and in accordance with law and appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this

order.

5.

This writ petition is disposed of with the above directions. No costs.

26-02-2025 rka To 1.The District Collector O/o District Collector, Tirupur Dist 2.The Revenue Divisional Officer O/o Revenue Divisional Office, Dharapuram Tk, Tirupur Dist 3.TAHSILDAR O/o The Tahsildar, Kangeyam Tk, Tirupur Dist 4.Sub Inspector (land Survey Kangeyam Tk, Tirupur Dist Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

26-02-2025