Madras High CourtWP/25251/2022disposed of

K.Raji v. The Secretary To Government

2023-10-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Raji .. Petitioner Vs

1. The Secretary to Government Revenue Department, Secretariat, St. George Fort, Chennai-9.

2. The Commissioner of Land Administration, Ezhilagam, Chennai-05.

3. The District Collector, Salem District, Salem.

4. The District Revenue Officer, Salem District, Salem.

5. The Revenue Divisional Officer, Salem District, Salem.

6. The Tahsildar Salem Taluk, Salem.

.. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to implement the G.O. MS.312, Revenue (F1) Department dated 08.04.1996 and issue patta to the people who are in occupation of the land in S.No.42 of Cettivadi Village, Salem District by considering the petitioner's representation dated 24.01.2022.

For the Petitioner : Mr.P.Govindasamy For the Respondents : Mrs.R.Anitha Spl. Government Pleader

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.R.Govindasamy, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. The petitioner seeks direction against the respondents to implement the G.O.Ms.No.312, dated 8.4.1996 and issue patta to the people who are in occupation of the land in S.No.42 of Cettivadi Village, Salem District.

3. According to learned counsel for the petitioner, large number of persons belonging to Scheduled Caste and MBC are residing in the subject-land and doing cultivation for more than two decades. According to learned counsel, patta deserves to be granted to those occupants.

4. Learned Special Government Pleader submits that the petitioner is not entitled to any land, as the petitioner has two patta lands and his children are also working as Teacher and Lab Technician. Moreover, the petitioner is not residing in the said locality and he is residing 60 kms away.

5. In case the aggrieved persons approach this Court, we may consider the grievances of the aggrieved persons or the aggrieved persons can also approach the Government authorities for the said purpose. If the aggrieved persons approach the Government authorities, then the Government authorities may consider their case in accordance with law.

6. As far as Survey No.42 is concerned, as per the affidavit of the Tahsildar, Salem West, the same is forest land and the forest land cannot be assigned.

7. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.24204 of 2022 is closed.

(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index :

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