Kumar v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.32657 of 2019 Kumar

...Petitioner

Vs 1.The District Collector, Villupuram District.

2.The Revenue Tahsildar, Kallakurichi Taluk, Villupuram District.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 18.07.2018 for issuance of patta to the petitioner's property in village natham Survey Nos.300/1 and 300/2, situated at Pappan Kulam Street, Periyamampattu Village, Thiyagadurgam Panchayat Union, Kallakurichi Taluk, Villupuram District, an accordance with law with time stipulated by this Court.

For Petitioner :

Mr.Ershad Ahmed for Mr.S.Mohamed Ansar For Respondents :

Mr.A.M.Ayyadurai Government Advocate

ORDER

This writ petition is filed to issue a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 18.07.2018 for issuance of Patta to the petitioner's property in village Natham Survey Nos.300/1 and 300/2, situated at Pappan Kulam Street, Periyamampattu Village, Thiyagadurgam Panchayat Union, Kallakurichi Taluk, Villupuram District.

2. The petitioner built a house in a vacant land comprised in Survey Nos.300/1 and 300/2, ad-measuring an extent of 0.00.64 sq.mts and 0.0.1.56 sq.mts, situated at Pappan Kulam https://hcservices.ecourts.gov.in/hcservices/

Street, Periyamampattu Village, Thiyagadurgam Panchayat Union, Kallakurichi Taluk, Villupuram District. His house is also assessed to property tax and electricity service connection was also obtained by him. Therefore, on 08.01.2018, the petitioner made an application before the second respondent for issuance of Patta.

3. The second respondent filed counter affidavit, from which, it reveals that the subject land comprised in S.No.300/1 of an extent of 0.00.64 sq.mts, of Periyamampattu Village, is classified as 'Street' (Theru) Government Poramboke as per the Natham Accounts and the land comprised in S.No.300/2 an extent of 0.0156 sq.mts is classified as 'vacant site'. Therefore, the request made by the petitioner could not be considered for issuance of Patta. That apart, the petitioner failed to produce any parent document to substantiate his claim. When "Natham Settlement" will be introduced in Thiyagadurugam Town Panchayat, the claim of the petitioner will be considered. Therefore, this Writ Petition is devoid of merits and it is liable to be dismissed.

4. In the result, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar kv To 1.The District Collector, Villupuram District.

2.The Revenue Tahsildar, Kallakurichi Taluk, Villupuram District.

+1cc to Government Pleader SR. No.4909 W.P.No.32657 of 2019 MT (CO) PR (08/03/2022) https://hcservices.ecourts.gov.in/hcservices/