Sellammal v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :04.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25550 of 2024 Sellammal ..Petitioner Vs.
1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.
2.The District Collector, Salem District.
3.The Sub-Collector, Mettur dam, Salem District.
4.The Revenue Divisional Officer, Mettur Dam, Salem District.
5.The Tahsildar, Mettur dam, Salem District.
6.The Revenue Inspector, Mettur dam, Salem District.
..Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant patta in petitioner name in respect of the lands in Survey No. 910/5 to the extent of 2.40.0 hectare (5.93 acres) or any other extent in P.N.Patti Village, Karuppureddiyur Post, Mettur Taluk, Salem District as per the report given by 6th respondent dated 05.04.2022.
For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to respondents to grant patta in her name in respect of land in Survey No.910/5 with an extent of 5.93 acres situated at P.N.Patti Village, Karuppureddiyur Post, Mettur Taluk, Salem District as per the report given by the 6th respondent dated 05.04.2022.
2. A perusal of the report filed by the 6th respondent would suggest that proceedings were pending for issue of house site patta in favour of petitioner's husband namely Chinnappan @ Chinna in the above mentioned survey number. It is stated by the petitioner that subsequently, the petitioner's husband Chinnappan @ Chinna died. Therefore, it is for the petitioner to make a fresh 2/5
application seeking issuance of house site patta before the 5th respondent. If any such application is submitted by the petitioner, the same shall be considered subject to the petitioner satisfying eligibility criteria. In the writ petition, the petitioner seeks a direction to grant patta in respect of 5 acres and 93 cents. The house site patta cannot be granted in respect of larger extent as prayed by the petitioner. Therefore, this Court is not inclined to issue any positive direction to respondents. However, it is open to the petitioner to file an application before the 5th respondent seeking assignment of house site patta within a period of two weeks from the date of receipt of copy of this order.
If any such application is made, the 5th respondent shall consider the same on its' own merits subject to petitioner satisfying eligibility criteria. The final order on the application of the petitioner shall be passed by the 5th respondent within a period of eights weeks from the date of receipt of such application. 04.09.
To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.
2.The District Collector, Salem District.
3.The Sub-Collector, Mettur dam, Salem District.
4.The Revenue Divisional Officer, Mettur Dam, Salem District.
5.The Tahsildar, Mettur dam, Salem District.
6.The Revenue Inspector, Mettur dam, Salem District.
4/5
S.SOUNTHAR , J.
nr W.P No.25550 of 2024 04.09.2024 5/5