R.Munusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.20716 of 2024 R.Munusamy .. Petitioner

Versus

1.The District Collector, Office of the Collectorate Chengalpattu, Chengalpattu District 2.The Tahsildar Office of the Tahsildar Thiruporur Taluk, Chengalpattu District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation dated 19.6.2024 in accordance with law and issue a Patta in favour of the petitioner for the property comprised in Punchai Survey No.110/2B for an extent of 17 1/2 cents situated at Poondi village, Mullipakkam Panchayat, Tirukazhukundram Registration Taluk, Chengalpattu Registration District, Thiruporur Taluk, Chengalpattu District. In all WPs For Petitioners : Mr.K.Durai Murugan For Respondents : Mr.P.Sathish Additional Government Pleader COMMON ORDER 1/4

Since the issue arising in these writ petitions are one and the same, they are disposed of by way of this common order.

2. With the consent of both sides, these writ petitions are taken up for final disposal at the admission stage itself.

3. These Writ Petitions are filed for a direction to the Tahsildar concerned to consider the concerned petitioners' representation and issue patta in their favour for their properties.

4. It is the case of the writ petitioners that they are the absolute owners of their Grama Natham properties situated at Chegalpattu District. Thus, they have made representations for issuance of patta in their favour, however, the same are pending without consideration till date. Hence, these writ petitions.

5. Heard both sides and perused the materials available on record.

6. It is now well settled by a judgment of Division Bench of this Court in W.A.No.843 of 2022 dated 23.06.2024 (District Collector of Tiruvannamalai Vs. K.Siva Shanmugam(deceased) and others), wherein it has been held that 2/4

once Natham land is occupied and the occupation is recognized by the government by issue of a patta under the Natham Settlement Scheme, such land will not and cannot be held to belong to the Government. In such view of the matter, the Tahsildar concerned is directed to pass appropriate orders on merits and in accordance with law, taking note of the above judgment in W.A.No.843 of 2022. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

7. With the above direction, these writ petitions are disposed of. No costs.

26.07.2024 dhk Index :Yes/No Internet : Yes/No : Yes/No To 1.The District Collector, Office of the Collectorate Chengalpattu, Chengalpattu District N. SATHISH KUMAR , J.

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dhk 2.The Tahsildar Office of the Tahsildar Thiruporur Taluk, Chengalpattu District W.P.Nos.20716, 20718, 20721, 20724 & 20805 of 2024 26.07.2024 (1/2) 4/4