Lakshmi, W/O. K.Chinnasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.34381 of 2013 Lakshmi

...Petitioner

Vs.

1. The District Collector, Office of the Collectorate of Perambalur, Perambalur Taluk & District.

2. The Revenue Divisional Officer, Perambalur Taluk, Perambalur District.

3. The Thasildar, Perambalur Taluk, Perambalur District.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider petitioner's representation dated 01.07.2013, within a stipulated time fixed by this Court.

For Petitioner : M/s.P.Sivamani For Respondents : Mr.N.Manikandan, G.A.

ORDER

This writ petition is filed for issuance of a writ of mandamus to direct the respondents 1 to 3 to consider the representation of the petitioner dated 01.07.2013, within a stipulated time.

2. The case of the petitioner is that she is the absolute owner of the properties of agricultural land in Survey Nos.61/3C & 61/3B, measuring an extent of 93 ares in Kalpadi South Village, Perambalur Taluk and District. The petitioner would further state that abutting her property on the western side, the Government land in Survey No.59 of one acre is under her possession and enjoyment for more than 35 years and she has been paying "B memo" charges to the respondents, hence she sent representation to issue patta in respect of the said land. Since https://hcservices.ecourts.gov.in/hcservices/

no order has been passed, the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. The learned Government Advocate appearing for the respondents submitted that the Survey No.59 is classified as Odai, hence the petitioner is not entitled for issuance of patta in respect of the said land. The learned Government Advocate has produced a copy of "A Register" issued by the Village Administrative Officer and the Tahsildar, Perambalur to show that the Survey No.59 is classified as Odai.

5. In the light of the above facts, I am of the considered opinion that the petitioner is not entitled for patta in respect of the land in Survey No.59. Hence, the writ petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar pvs To

1. The District Collector, Office of the Collectorate of Perambalur, Perambalur Taluk & District.

2. The Revenue Divisional Officer, Perambalur Taluk, Perambalur District.

3. The Thasildar, Perambalur Taluk, Perambalur District.

+1cc to Mr.P.Sivamani, Advocate SR.No.12728 +1cc to Government Pleader SR.No.12528 WP.No. 34381 of 2013 SK(CO) GN(01/03/2018) https://hcservices.ecourts.gov.in/hcservices/