M. Esakkimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA M.Esakkimuthu ... Petitioner -vs1 The District Collector, Tuticorin District.

2 The Thasildar, Ottapidaram Taluk Office, Ottapidaram, Tuticorin 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 grant patta in S.No.301/1A to an extent of 3 cents in Veppalodai Pandiyapuram Village, Ottapidaram Taluk, Tuticorin District, based on the representation, dated 30.12.2024.

For Petitioner :

Mr.S.Kumar For Respondents : Mr.A.Kannan, Addl. Govt. Pleader.

ORDER

The petitioner has filed this Writ Petition for a mandamus, directing the respondents to grant patta in S.No.301/1A to an extent of 3 cents in Veppalodai Pandiyapuram Village, Ottapidaram Taluk, Tuticorin District, based on the representation, dated 30.12.2024.

2. The petitioner, on the basis of the long possession of his family members in the subject property in Survey No.301/1A, Veppalodai Pandiyapuram Village, Ottapidaram Taluk, Tuticorin District, sent a representation to the respondents on 30.12.2024 for grant of patta. The said land was classified as Anadheenam and several persons were residing there, by putting up constructions. Pattas were also issued in favour of some of them, but the petitioner alone was discriminated as patta was not issued to him. While so, the second respondent, along with his subordinates, tried to demolish the petitioner's house. The petitioner, therefore, filed the above writ petition for the aforesaid relief.

3. As the petitioner has been residing in the subject property for more than 20 years and persons similarly placed were granted pattas by the respondents, I am inclined to issue a direction to the respondents to consider the representation of the petitioner, dated 30.12.2024, and pass orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of copy of this order.

4. Writ Petition is disposed of accordingly. No costs. Consequently, the connected W.M.P.(MD) No.1377 of 2025 is closed. 24.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The District Collector, Tuticorin District.

2 The Thasildar, Ottapidaram Taluk Office, Ottapidaram, Tuticorin District.

N.MALA, J.

dixit 24.01.2025