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Madras High CourtWP/20943/2024disposed of

P.Arumugam v. The District Collector

2024-07-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR P.Arumugam .. Petitioner

Versus

1.The District Collector, Collectorate Salem District 2.The District Revenue Officer, Salem District 3.The Revenue Divisional Officer, Mettur Taluk, Salem District 4.The Tahsildar, Main Road, Subramania Nagar Suramangalam, Salem - 636 302 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 4th respondent to issue patta in the name of the petitioner for the land measuring 1 acre 65 cents comprised in T.S.No.7/1 part, Ward-B, Block No.9, Mettur Town and Sampalli Village, Mettur Taluk, Salem District in light of the order passed in WP.No.4393 of 2021 dated 11.04.2023.

For Petitioner : Mr.Srinath Sridevan, Senior Counsel Mr.P.S.Prabu For Respondents : Mr.S.J.Mohamhed Sathik Government Advocate 1/4

ORDER

With the consent of both sides, the main writ petition itself is taken up for final disposal at the admission stage.

2. This Writ Petition is fi1ed to issue a direction to 4th respondent to issue patta in the name of the petitioner for the land measuring 1 acre 65 cents comprised in T.S.No.7/1 part, Ward-B, Block No.9, Mettur Town and Sampalli Village, Mettur Taluk, Salem District in light of the order passed in WP.No.4393 of 2021 dated 11.04.2023.

3.The case of the petitioner is that the petitioner's parents are the absolute owners of the Natham lands consisting 1 acre 65 cents comprised in T.S.No.7/1 part, Ward-B, Block No.9, Mettur Town and Sampalli Village, Mettur Taluk, Salem District. The petitioner has made a representation on 28.06.2024 for issuance of patta, however, the same is pending without consideration till date. Hence, this writ petition.

4. Heard both sides and perused the materials available on record. 2/4

5. 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 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, since the third respondent is a competent person for issuance of patta, the third respondent 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.

6. With the above direction, this writ petition is disposed of. No costs. 26.07.2024 dhk Index :Yes/No Internet : Yes/No : Yes/No 3/4

N. SATHISH KUMAR , J.

dhk To 1.The District Collector, Collectorate Salem District 2.The District Revenue Officer, Salem District 3.The Revenue Divisional Officer, Mettur Taluk, Salem District 4.The Tahsildar, Main Road, Subramania Nagar Suramangalam, Salem - 636 302 26.07.2024 4/4