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Madras High CourtWP/33902/2024allowed

Vediappan v. The District Collector

2024-11-21Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA Vediappan ... Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

3. The Tahsildar, Harur, Dharmapuri District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the Respondents to grant patta in favour of the Petitioner to the land situates in Survey No.148/2 to the extent of 0.30.00 Hectare at Ellappudaiyampatti Village, Harur Taluk & Dharmapuri District.

For Petitioner : Mr.J.Pradeep Page No. 1 of 4

For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

Mr.A.Selvendran, learned Special Government Pleader takes notice on behalf of the Respondents.

2. This Writ Petition has been filed for a Mandamus to direct the Respondents to grant patta in favour of the Petitioner to the land situated in Survey No.148/2 to the extent of 0.30.00 Hectare at Ellappudaiyampatti Village, Harur Taluk & Dharmapuri District.

3. The case of the Petitioner is that the property comprised in S.No.148/2 measuring to an extent of 0.03.00 Hectares is an ancestral property and the Petitioner and his family members were in possession and enjoyment of the same for more than ten (10) decades.

4. The learned counsel for the Petitioner would submit that the Petitioner is a physically challenged person and is working as a daily wage coolie. He would also submit that the Petitioner has made a representation to the Respondent on 05.09.2024, however the same was not considered and Page No. 2 of 4

therefore. the present Writ Petition.

5. The learned Special Government Pleader for the Respondents would submit that the subject property is classified as poramboke land and therefore, the Patta cannot be granted in favour of the Petitioner.

6. Heard the learned counsel on either side.

7. Considering the limited prayer sought for by the Petitioner, this Writ Petition is allowed with a direction to the Respondents to consider the representation of the Petitioner dated 05.09.2024 and pass appropriate orders on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this Order. No costs. 21.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm P.T.ASHA, J.

Page No. 3 of 4

rgm To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

3. The Tahsildar, Harur, Dharmapuri District.

21.11.2024 Page No. 4 of 4