V.Muniappa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.4332 of 2015 and M.P.No.1 of 2015 V.Muniappa

...Petitioner

Vs 1 The District Collector O/o. The Collectorate Krishnagiri District Krishnagiri 2 The District Revenue Officer Krishnagiri District Krishnagiri 3 The Tahsildar O/o.Taluk Office Hosur Krishnagiri District 4 The Block Development Officer BDO Office Hosur Krishnagiri District 5 The President Onnalvadi Panchayat Hosur Taluk Krishnagiri District

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the respondent 1 to 3 to consider petitioner representation dated 13.2.2015 and issue assignment patta in respect land in Survey No.28/3 to an extent of 0.10.0 Hect. in Onnalvadi Village Hosur Taluk Krishnagiri District and pass order within the time fixed by this Honourable court.

For Petitioner : Mr.R.Natarajan For Respondents : Mr.M.L.Mahendran, GA

ORDER

The petitioner seeks for a writ of mandamus to direct the respondents 1 to 3 to consider his representation dated 13.2.2015 and issue assignment patta in respect land in Survey No.28/3 to an extent of 0.10.0 Hect. in Onnalvadi Village, Hosur Taluk, Krishnagiri District.

2. According to the petitioner, he has been in possession of the land for 70 days. As on date, the petitioner is aged about 95 years. The petitioner would state that the Panchayat is attempting to evict him from the agricultural land for construction of Panchayat building. The petitioner would further state that there are other lands in the village.

3. In my view, the relief sought for by the petitioner is thoroughly misconceived.

The petitioner cannot compel the respondents to grant patta or assign patta in respect of the Government land, when the said land is required by the Panchayat for construction of the Panchayat building. Hence, the relief sought for cannot be granted. The Writ petition is dismissed. No costs. Connected miscellaneous petition is also dismissed. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

To

1. The District Collector O/o. The Collectorate Krishnagiri District Krishnagiri

2. The District Revenue Officer Krishnagiri District Krishnagiri

3. The Tahsildar O/o.Taluk Office Hosur Krishnagiri District

4. The Block Development Officer BDO Office Hosur Krishnagiri District

5. The President Onnalvadi Panchayat Hosur Taluk Krishnagiri District +1cc to Mr.R.Baskar, Advocate, S.R.No.9671 +1cc to the Government Pleader, S.R.No.9620 WP.No.4332 of 2015 RSY(CO) gp(26/02/2015)