Gowri v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34684 of 2022 Gowri ....

Petitioner -VsThe Tahsildar Sriperumbudur Taluk Sriperumbudur Kancheepuram District.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to issue assignment patta and grama natham patta to the petition mentioned property comprised in Plot Cum Survey No.43/24, Perumal Koil Street, Sriperumbudur Taluk, Kancheepuram District based on the petitioner's representation dated 26.09.2022.

For Petitioner : Ms.B.Sharmila For Respondent : Mr.P.Sathish Additional Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondent to issue assignment patta and grama natham patta to the petition mentioned property comprised in Plot Cum Survey No.43/24, Perumal Koil Street, 1 / 4

Sriperumbudur Taluk, Kancheepuram District based on the petitioner's representation dated 26.09.2022.

2. It is the claim of the petitioner that Plot Cum Survey No.43/24, Perumal Koil Street, Sriperumbudur Taluk, Kancheepuram District is a Natham Poramboke land, where the petitioner had been in possession and enjoyment of the property since 1990 along with her four sons by putting up a dwelling house and residing there. In that capacity, the petitioner has sought for issuance of patta by giving a representation dated 26.09.2022 to the respondent, and since the same has not been considered so far, the petitioner has moved the present writ petition with the aforesaid prayer.

3. Heard the learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondent.

4. Learned Additional Government Pleader would submit that, first of all it is admittedly a Government land. If it is a Natham land, whether the petitioner, as has been claimed by her that she is in possession and enjoyment right from the year 1990, would be enquired into and if the petitioner is eligible for getting land as Natham land, that would be considered and decided not by the respondent Tahsildar but only by the District Collector concerned. Therefore, let 2 / 4

the petitioner make a representation accordingly, that would be considered and decided by the District Collector in accordance with law, he contended.

5. Considering the said submission made by the learned Additional Government Pleader, this Court is inclined to dispose of this writ petition with the following order.

"It is open to the petitioner to make a fresh representation seeking patta for the land in question, which according to the petitioner is a Natham Poramboke, where she claims to have been in possession since 1990, to the District Collector concerned and on receipt of such representation or application from the petitioner, the District Collector shall consider the same on merits and in accordance with law and pass orders thereon within a period of eight weeks thereafter."

6. With the above directions, this writ petition is disposed of. No costs. 02.01.2023 Index : Yes/No Internet : Yes/No KST 3 / 4

R. SURESH KUMAR, J.

KST To The Tahsildar Sriperumbudur Taluk Sriperumbudur Kancheepuram District.

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