Palanivel v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.12501 of 2022 Palanivel ...Petitioner Vs.

1. The Revenue Divisional Officer, Korati Circle, Thirupattur Taluk, Thirupattur District.

2. The Tahsildar, Thirupattur Taluk, Thirupattur District. ...Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ or order or direction in the nature of Writ directing the respondent to consider the petitioner representation dated 22.02.2022 and pass appropriate orders in accordance with law within a stipulated time fixed by this Hon'ble Court.

For Petitioner : M/s. S. Paul Gnanamuthu For Respondents : Mr. G. Krishna Raja, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the respondents to consider the representation dated 22.02.2022 made by the petitioner and pass appropriate orders on the same, within the time that may be stipulated by this Court.

2. It is the case of the petitioner that he is residing in the Government Poromboke land for more than three decades and had put up hut in the said land. He made a representation dated 22.02.2022 for issuance of Patta before the 2nd Respondent/Tahsildar. However, till date, the same has not been considered. Hence, the petitioner has come up with the present petition with the aforesaid relief.

3.Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 2nd respondent/ Tahsildar to consider and dispose of the representation made by the petitioner, within the time that may be stipulated by this Court. 4.On the above contention, this Court, heard the learned Additional Government Pleader appearing for the Respondents. 5.Though the present petition has been filed seeking a direction to the Respondents for issuance of Patta in respect of the Government Road Poromboke and the occupation itself objectional one in view of the prohibitions in the Revenue Standing Orders, Tahsildar has no power to grant Patta in respect of the objectional lands belonging to the Government. Hence, this Court cannot issue any affirmative direction to the respondents to grant relief as sought for in this Writ Petition and this Petition deserves to be dismissed.

6.For the reasons aforesaid, this Writ Petition is devoid on merits and the same is dismissed granting liberty to the petitioner to workout the remedy in the manner known to law. No Costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar NHS To

1. The Revenue Divisional Officer, Korati Circle, Thirupattur Taluk, Thirupattur District.

2. The Tahsildar, Thirupattur Taluk, Thirupattur District.

+1cc to the Government Pleader, S.R.No.34610 W.P.No.12501 of 2022 MG(CO) RGA(11/07/2022)