M. Singu @ Kandasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA M.Singu @ Kandasamy ...

Petitioner -vs1 The District Collector, Maduai District, Madurai 2 The Revenue Divisional Officer, Thirumangalam Division, Madurai District.

3 The Tahsildar, Thirumangalam Taluk, Madurai District.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to issue patta to the petitioner's cultivation land in Survey No.243/9A, 243/9B, and 243/13A, to an extent of 1 Acre 30 cents, situated in K.Puliyankulam, Chekkanoorani Post, Thirumangalam Taluk, Madurai District, by considering the petitioner's representation, dated 12.12.2024.

For Petitioner :

Mr.SP.Vijay Nivas For Respondents : Mr.M.Muthumanikkam, Govt. Advocate (Civil Side).

ORDER

This Writ Petition is filed for a mandamus, directing the respondents to issue patta to the petitioner for the land in Survey No.243/9A, 243/9B, and 243/13A, to an extent of 1 Acre 30 cents, situated in K.Puliyankulam, Chekkanoorani Post, Thirumangalam Taluk, Madurai District, by considering the petitioner's representation, dated 12.12.2024.

2. The subject property is the ancestral property of the petitioner and the petitioner has been in possession and enjoyment of the same, by paying tax to revenue and local body. While so, in the year 2002, there was some disturbance from one Saminathan to the petitioner's possession and, therefore, the petitioner filed a suit in O.S.No.101 of 2002 before District Munsif Court, Thirumangalam, for permanent injunction. The said suit was decreed in favour of the petitioner on 11.10.2002. Thereafter, he applied for patta for the subject land in his name. In the year 2006, the Government of Tamil Nadu announced 2 acre free land scheme to farmers and, under the said scheme, the petitioner applied for patta for his land. Right from the year 2002, the petitioner had been sending representations to the respondents,

seeking for patta for his land in his favour, on the basis of possession and enjoyment of the subject property. The petitioner sent a representation to the third respondent on 12.12.2024, seeking patta for his land, but, even thereafter, no action was taken by the respondent. Therefore, the petitioner filed the above Writ Petition for the aforesaid relief.

3. It is seen that the petitioner is a senior citizen, aged 89 years, and he has been fighting for assignment patta right from the year 2006. In spite of the petitioner's representations, the respondents did not take any action and, therefore, the petitioner finally sent a representation on 12.12.2024. However, no action was taken by the respondents.

4. Considering the advanced age of the petitioner and the fact that the petitioner's representation has been pending since 2006, the third respondent is directed to consider the petitioner's representation, dated 12.12.2024, and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

5. Writ Petition is disposed of accordingly. No costs. 09.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Collector, Maduai District, Madurai 2 The Revenue Divisional Officer, Thirumangalam Division, Madurai District.

3 The Tahsildar, Thirumangalam Taluk, Madurai District.

N.MALA, J.

dixit 09.01.2025