D.Vasantha Devi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ D.Vasantha Devi ... Petitioner Vs.
1. The District Collector, Tiruppur District, Tiruppur.
2. The District Revenue Officer, Tiruppur District, Tiruppur.
3. The Revenue Divisional Officer, Dharapuram, Tiruppur District.
4. The Tahsildar, Kangeyam Taluk, Kangeyam, Tiruppur District.
5. The Zonal Deputy Tahsildar, Kangeyam Taluk, Kangeyam, Tiruppur District.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 1 to 5 to issue Grama Natham Patta for the lands measuring 2465 square feet in Old Natham S.F.No.397, New Natham R.S.No.1784/1, situated at Soriankinathupalayam, Vellakovil Village, Kangeyam Taluk, Tiruppur District to the petitioner.
For Petitioner :
Mr.K.Govi Ganesan For Respondents :
Mr.P.Sathish Additional Government Pleader
O R D E R
The present writ petition is filed praying for a writ of mandamus to direct the respondents to issue Grama Natham Patta for the lands measuring 2465 sq.ft in Old Natham S.F.No.397, New Natham R.S.No.1784/1, situated at Soriankinathupalayam, Vellakovil Village, Kangeyam Taluk, Tiruppur District to the petitioner.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. The petitioner claims title of the property in Old S.F.No.397, New R.S.No.1784/1 situated at Vellakovil Village, Kangeyam Taluk through
her father-in-law, Ramasamy which was allotted to her husband Duraisamy. Both her husband and father-in-law are no more. She states that herself, her mother-in-law and her children succeeded to the above property. Later, the legal heirs mentioned above executed a release deed in favour of the petitioner vide Document No.1498/2021 on the file of SRO, Vellakovil, thereby she became the absolute owner of the property. The petitioner further states that even during the lifetime of her father-in-law, efforts were made to get Grama Natham Patta and the same was not granted. Therefore, based on the release deed stated above, the petitioner submitted a representation on 17.08.2021 requesting them to issue Grama Natham Patta after deleting the entry 'pending' in the Natham Land Tax Scheme Register. Since no reply was forthcoming, the petitioner has filed the present writ petition to issue a direction to the respondents to grant Grama Natham Patta to the petitioner's land.
4. It is submitted by learned counsel for petitioner that this Court in W.P.Nos.4936, 6015, 6514 & 6795 of 2025, on 26.03.2025, had issued certain guidelines as to when the Grama Natham Patta has to be issued.
5. Learned Additional Government Pleader appearing for the respondents would submit that there is a Government Order which has been issued in G.O.(Ms)No.205, Revenue & DM [LD-I(1)] Department dated 26.04.2025, wherein the Government has formulated guidelines for issuance of house site patta.
6. For ready reference, the directions issued in W.P.Nos.4936, 6015, 6514 & 6795 of 2025 is extracted hereunder: "50(ii) Accordingly, these writ petitions are disposed of directing the concerned Tahsildars to act on the representations of the respective petitioner and ascertain the grama natham lands that are actually in possession and enjoyment of the respective petitioner. After ascertaining that these lands are occupied natham, the concerned Tahsildar shall issue patta for the aforesaid extents if there is no other impediment.
(iii) In other words, the Tahsildars need not reject the application for the issuance of patta only on the ground that the land is classified as grama natham or by citing the celling limits in the RSO, since those limits relate to "unoccupied" and "not occupied" natham. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No costs."
7. Taking into consideration the submissions made on both sides
and the materials placed on record, this Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 17.08.2021 in line with the directions issued by this Court in W.P.Nos.4936, 6015, 6514 & 6795 of 2025 and G.O.(Ms)No.205, Revenue & DM [LD-I(1)] Department dated 26.04.2025 and dispose of the same on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs.
03.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The District Collector, Tiruppur District, Tiruppur.
2. The District Revenue Officer, Tiruppur District, Tiruppur.
3. The Revenue Divisional Officer, Dharapuram, Tiruppur District.
4. The Tahsildar, Kangeyam Taluk, Kangeyam, Tiruppur District.
5. The Zonal Deputy Tahsildar, Kangeyam Taluk, Kangeyam, Tiruppur District.
MOHAMMED SHAFFIQ, J.
vji 03.06.2025