R.Ponsekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10731 OF 2022 R.Ponsekar

...Petitioner

Vs.

1.The District Collector, Office of the District Collector, Ariyalur.

2.The Revenue Divisional Collector, Office of the District Collector, Ariyalur.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the representation dated 11.04.2022 and reclassify the land as the petitioner's Patta land and issue the Patta to the petitioner.

For petitioner :

Mr.A.Prakash For Respondents :

Mr.A.Anandan Government Advocate

ORDER

The petitioner has filed this petition seeking direction to the first respondent to consider the representation dated 11.04.2022 and reclassify the land as the petitioner's Patta land and issue the Patta to the petitioner.

2. Mr.A.Anandan, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that, the petitioner claims to be the owner of the property comprised in Old S.No.107/4, New S.No.585/7 situated at Ottakovil Koothur Village, Ariyalur District and constructed a house therein. However, during the Natham Survey, the said property was classified as Kovil Poramboke land. Hence, for the purpose of re-classification and https://hcservices.ecourts.gov.in/hcservices/

issuance of Patta to him, the petitioner made a representation dated 11.04.2022 before the respondents. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 11.04.2022 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that already the said land was classified as Kovil Poramboke. Challenging the said classification making representation by the petitioner for re-classification and issuance of Patta in his favour is not sustainable.

6. Considering the facts and circumstances of the case, the petitioner has not produced any proof for the classification of the said land as Natham in which he constructed house, and further, as per the Revenue Standing Orders, Patta cannot be granted by the revenue authority for an objectionable land. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

7. Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar tri To 1.The District Collector, Office of the District Collector, Ariyalur.

2.The Revenue Divisional Collector, Office of the District Collector, Ariyalur.

+1cc to Mr.A.Prakash, Advocate Sr.No.29853 +1cc to the Government Pleader Sr.No.30849 W.P.No.10731 of 2022 PVS(CO) RVM(19/05/2022) https://hcservices.ecourts.gov.in/hcservices/