P.Balakrishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Balakrishnan ..

Appellant Vs.

The District Collector Office of the District Collector Cuddalore District.

..

Respondent Prayer: Appeal filed under Clause 15 of the Letters Patent against the order passed by the learned Single Judge in W.P.No.21204 of 2023 dated 19.07.2023.

For the Appellant : Ms.Rajeni Ramadass For the Respondent : Mrs.R.Anitha Special Government Pleader

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Ms.Rajeni Ramadass, learned counsel for the appellant and Mrs.R.Anitha, learned Special Government Pleader for the respondent.

2. The appellant had filed the writ petition seeking directions against the respondent to issue patta. The writ petition is disposed of under order dated 19.7.2023. While disposing of the writ petition, the learned Single Judge observed as under: "8. In the event of submitting any such application, the eligibility of the petitioners is to be thoroughly scrutinised and their cases should be considered along with all other eligible persons, who all are already waiting for the purpose of securing free house site patta under the welfare scheme.

9. As far as the relief sought for in these writ petitions are concerned, when the petitioners are encroachers in the Government poromboke land,

which is required for the public purposes, then the petitioners are to be evicted and all other encroachments in such Government properties are also to be evicted for the purpose of implementing the public schemes or for the benefit of the public at large."

3. Learned counsel for the appellant submits that an application has been filed by the appellant seeking patta. The land in question is classified as Grama Natham Poramboke. The same is meant for house site. The appellant is residing for more than two decades and paying taxes also.

4. Learned Single Judge has already observed that the eligibility of the appellant is to be thoroughly scrutinised and her case should be considered along with all other eligible persons, who all are already waiting for the purpose of securing free house site patta under the welfare scheme.

5. The respondent may take a decision on the application of

the appellant for issuance of patta, preferably within one month from today. Depending upon the decision taken by the respondent on the application of the appellant for issuance of patta, the parties may take further steps.

The writ appeal is disposed of accordingly. There will be no order as to costs. Consequently, C.M.P.No.22395 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index : Yes/No kpl To The District Collector Office of the District Collector Cuddalore District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(kpl) 03.10.2023