V.Kathiravan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34675 of 2022 V.Kathiravan ....
Petitioner -Vs1.The District Collector Kancheepuram District Kancheepuram.
2.The Revenue Divisional Officer (RDO) Sriperumbudur, Kancheepuram District.
3.The Tahsildar Kunrathur 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 respondents to consider and dispose of the petitioner's claim for the issue of patta in favour of the petitioners name in respect of piece of land in S.No.1032 in Pushpagiri Main Road, Kathavarayan Nagar, Manimangalam B Revenue Village, Kunrathur Taluk, Kancheepuram District within a limited time frame. For Petitioner : Mr.J.Muthukumaran For Respondent : Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
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The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's claim for the issue of patta in favour of the petitioners name in respect of piece of land in S.No.1032 in Pushpagiri Main Road, Kathavarayan Nagar, Manimangalam B Revenue Village, Kunrathur Taluk, Kancheepuram District within a limited time frame.
2. The petitioner, in S.No.1032, Pushpagiri Main Road, Manimangalam B Revenue Village, Kunrathur Taluk, Kancheepuram District, though knowing well that it is a Government Meikkal Poramboke land, claims to have put up some construction and has been residing there for the past five years. In that capacity, the petitioner seeks for issuance of patta for the said land. Accordingly, he has given a representation dated 09.11.2022 and in order to consider the said representation, the present writ petition has been filed.
3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
4. Since admittedly the land in question for which patta is sought for by the petitioner is a Government Poramboke land, the petitioner cannot seek for patta as a matter of right and no direction can be given by this Court by way of a 2 / 4
Mandamus. Therefore, the prayer sought for is liable to be rejected and accordingly it is rejected.
5. Accordingly, the writ petition is dismissed. However, the dismissal of this writ petition will not preclude the petitioner to seek for assignment of land under the landless poor category to the extent of 3 cents based on the scheme being envisaged by the Government for landless poor. If any such request is made by the petitioner, not for the present land but for any other land for the purpose of dwelling house, it is at the discretion of the Government, to decide and accordingly act upon such request. With this observation, this writ petition is dismissed. No costs.
02.01.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1.The District Collector, Kancheepuram District Kancheepuram.
2.The Revenue Divisional Officer (RDO), Sriperumbudur, Kancheepuram District. 3.The Tahsildar, Kunrathur Kancheepuram District.
R. SURESH KUMAR, J.
KST 3 / 4
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