Kandasamy, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.7787 to 7797 of 2015 1.Kandasamy ... Petitioner in W.P.No.7787 of 2015 dated 2.9.2014 2.Easwari ... Petitioner in W.P.No.7788 of 2015 dated 22.8.2014 3.Sindamani ... Petitioner in W.P.No.7789 of 2015 dated 26.8.2014 4.Gurusamy ... Petitioner in W.P.No.7790 of 2015 dated 27.8.2014 5.Selvaraj ... Petitioner in W.P.No.7791 of 2015 dated 26.8.2014 6.Ammasaiyammal ... Petitioner in W.P.No.7792 of 2015 dated 26.8.2014 7.Maran ... Petitioner in W.P.No.7793 of 2015 dated 2.9.2014 8.Saminathan ... Petitioner in W.P.No.7794 of 2015 dated 22.8.2014 9.Saraswathi ... Petitioner in W.P.No.7795 of 2015 dated 27.8.2014 10.Sankar ... Petitioner in W.P.No.7796 of 2015 dated 22.8.2014 11.Thirupathy ... Petitioner in W.P.No.7797 of 2015 dated 27.8.2014 vs.

1. The District Collector, District Collector Office, Theeran Chinnamalai Maligai, Erode District, Erode - 11

2. The Tahsildar, Tahsildar Office, Erode ...Respondents in W.P.No.7767 to 7795 of 2015 Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to issue patta in favour of the petitioner on pursuant to his representation dated 02.09.2014, 22.8.2014, 26.8.2014, 27.8.2014, 26.8.2014, 26.8.2014, 2.9.2014, 22.8.2014, 27.8.2014, 22.8.2014 and 27.8.2014 respectively.

For Petitioners : Mr.R.Thirumoorthy For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader C O M M O N O R D E R Heard Mr.R.Thirumoorthy, learned counsel for the petitioners, Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for the respondents. With the consent of either side, the Writ Petitions themselves are taken up for final disposal at the admission stage. https://hcservices.ecourts.gov.in/hcservices/

2.The petitioners have filed these Writ Petitions praying for a direction to the 2nd respondent to grant patta in respect of extent of 2.46 cents in Plot No.24 Survey No.227/2; 2.00 cents in Plot No.193 in Survey No.227/2; 2.46 cents in Plot No.41 Survey No.227/2; 2.46 cents in Plot No.9 Survey No.227/2; 2.46 cents in Plot No.88 in Survey No.227/2; 887 1⁄2 square feet in Plot No.208 survey No.227/2; 2.46 cents in Plot No.47 in Survey No.227/2; 2.46 Cents in Plot No.86 in Survey No.227/2; 2.46 cents in Plot No.84 in Survey No.227/2; 10746 1⁄2 square feet in Plot No.59 survey no.227/2; 874 1⁄2 square feet in plot no.202 survey no.227/2 respectively, which according to the petitioners are in their occupation and said to be in possession of the petitioners for 30 years. It is seen that the petitioners have not produced any record to show the classification of the land or to prove that they and their forefathers are in possession of the property for 30 long years.

3. In the light of the above, the Government cannot be compelled to grant patta to the petitioners, hence no positive direction as sought for by the Writ petitioners can be granted and the prayers in these Writ petitions are rejected. However, this will not prevent the petitioners from pursing their representation before the 2nd respondent.

4.With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd To

1. The District Collector, District Collector Office, Theeran Chinnamalai Maligai, Erode District, Erode - 11

2. The Tahsildar, Tahsildar Office, Erode 1 cc to Government Pleader,Sr.No15846 1 cc to Mr.R.Thirumoorthy ,Advocate, SR.No.15486 W.P.Nos.7787 to 7797 of 2015 ctk(co)pmk.27.3.2015 https://hcservices.ecourts.gov.in/hcservices/