Madras High CourtWP/7697/2015dismissed

T.Periyasamy v. The District Collector

2015-03-18Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.7697 of 2015 T.Periyasamy [ Petitioner ] Vs 1 The District Collector Cuddalore District Cuddalore 2 The Tahsildar Tittagudi Taluk Cuddalore District 3 The Adi Dravidar and Tribal Welfare Officer Thittagudi Taluk Cuddalore District [ Respondents ] Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondents to issue the Grama Natham Patta for Kottaram Village Avinangudi Post Thittagudi Taluk Cuddalore District comprised in Grama Natham in Re-Survey No.203 measuring an extent 3 cents representation dt 22.12.2014.

For Petitioner :

Mr.K.Kumar For Respondents :

Mr.M.L.Mahendran,GA

ORDER

Heard Mr.K.Kumar, learned counsel for the petitioner and Mr.M.L.Mahendran, learned Government Advocate, who took notice for the respondents and with their consent, the main writ petition is taken up for disposal at the admission stage.

2. The petitioner has filed the writ petition for issue of a writ of mandamus to direct the 2nd respondent to issue Grama Natham Patta for R.S.No.203, measuring an extent 3 cents in Kottaram Village Avinangudi Post, Thittagudi Taluk, Cuddalore District. https://hcservices.ecourts.gov.in/hcservices/

3. According to the petitioner, he is in occupation of 3 cents of land in R.S.No.203 in Kottaram Village, Avinangudi Post, Thittagudi Taluk, Cuddalore District, which is a grama natham land and he is living there and he has put up construction and house tax has been remitted on 05.01.2015.

4. Though the petitioner states that he has been residing in the land for 40 years, no record has been produced by him to establish that he is in possession for 40 years. As noticed above, the house tax receipt was issued only on 05.01.2015. Further more, there is no record to show that the property which is alleged to be in occupation of the petitioner is a grama natham land.

5. In the light of the above, the relief sought for issuing a writ of mandamus cannot be granted. Accordingly, the writ petition is dismissed. However, this will not prevent the petitioner from pursuing his remedy in the representation before the authority. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg To 1 The District Collector Cuddalore District Cuddalore 2 The Tahsildar Tittagudi Taluk Cuddalore District 3 The Adi Dravidar and Tribal Welfare Officer Thittagudi Taluk Cuddalore District.

1 cc to Government Pleader,Sr.No15595 W.P.No.7697 of 2015 rj(co) pmk.24.3.2015 https://hcservices.ecourts.gov.in/hcservices/