Manjula v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.10299 of 2022 Manjula ... Petitioner Vs.

1. The District Collector, The Office of District Collectorate,

2. The Revenue Divisional Officer, Office of Revenue Divisional Officer,

3. The Tahsildar, Office of Revenue Divisional Officer, Vazhappadi Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to issue patta in favour of the petitioner and to her family members for the property situated in Survey No.225/2 to the extent of 0.75 cents situated at Mettupatti Village, Karumapuram, Vazhappadi Circle, Salem District by considering the representation dated 04.01.2022. For Petitioner : Mr.Karan and Uday For Respondents : Mr.A.Anandan Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to issue Patta in favour of the petitioner and to her family members for the property situated in Survey No.225/2 of an extent of 0.75 cents situated at Mettupatti Village, Karumapuram, Vazhappadi Circle,

Salem District, by considering the petitioner's representation dated 04.01.2022.

2. The case of the petitioner is that the petitioner and her family members are residing and doing agriculture in the aforesaid land for the past 50 years. While so, the petitioner made a representation dated 04.01.2022 before the second respondent, for issuance of Patta for the aforesaid land by obtaining charges for the land or free Patta. After receipt of such representation from the petitioner, the second respondent passed an order dated 31.01.2022, thereby directing the third respondent to conduct enquiry with respect to the representation of the petitioner and forwarded the same to the petitioner. However, the third respondent has not conducted any enquiry and had also not taken any steps to issue Patta in favour of the petitioner for the aforesaid property. Hence, the petitioner has filed the present Writ Petition.

3. Today, when the matter is taken up for hearing, the learned Government Advocate appearing for the respondents submitted that, the Patta would be granted, only to houseless poor as per the policy of the Government. However, the petitioner's application dated 04.01.2022 was rejected on 26.04.2022 by the third respondent, on the ground that the said land is an agricultural land.

4. In view of the aforesaid submissions, the prayer sought for in this Writ Petition has become infructuous. Hence, no further order is necessary. Accordingly, this Writ Petition is closed. However, liberty is granted to the petitioner to work out the remedy in the manner known to law. No costs. Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar jd/rap To

1. The District Collector, The Office of District Collectorate,

2. The Revenue Divisional Officer, Office of Revenue Divisional Officer,

3. The Tahsildar, Office of Revenue Divisional Officer, Vazhappadi Taluk, +1cc to the Government Pleader, SR.No.30960 W.P. No.10299 of 2022 GSM(CO) CB(03/06/2022)