Gnanasekar.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI P.Gnanasekar : Petitioner Vs.

1.The District Collector, Collectorate, Thoothukudi District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk Office, Thoothukudi District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant patta to the petitioner for the land in S.No.263/7 in an extent of 180 sq.mt at Aadanur Village, Eppothum Ventran Firka, Ottapidaram Taluk, Thoothukudi District by regularizing the 1/5

residential encroachment of unobjectionable poramboke Vandipathai land in light of G.O.Ms.No.318, Revenue and Disaster Management Department dated 30.08.2019 within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mrs.K.Malathi, Additional Government Pleader

O R D E R

The petitioner seeks issuance of a Writ of Mandamus, to direct the respondents to grant patta to the petitioner in respect of the land in S.No.263/7 measuring 180 sq. mts at Aadanur Village, Eppothum Ventran Firka, Ottapidaram Taluk, Thoothukudi District. 2.The grievance of the petitioner is that the petitioner has put up a dwelling house by way of encroaching into unobjectionable poromboke Vandi Pathai land. The petitioner seeks shelter under G.O.Ms.No.318, Revenue and Disaster Management Department dated 30.08.2019, where there is scope for regularization of such encroachments. It is seen from the typed set of papers filed along with the writ petition that the Revenue Inspector, Eppothumvendran, has also conducted field inspection and has recommended for regularization of the encroachment made by the petitioner and for issuance of patta. Despite the said recommendation being made by 2/5

the Revenue Inspector way back on 29.08.2022, no further orders have been passed by the third respondent. The petitioner only seeks expeditious disposal of the said application made by him in line with the recommendations of the Revenue Inspector and in line with G.O.Ms.No.318, Revenue and Disaster Management Department dated 30.08.2019. The petitioner has also given a detailed representation on 20.12.2022, seeking issuance of patta and the petitioner seeks disposal of the said representation. 3.In view of the above, this Writ Petition is allowed, with a direction to the third respondent to pass final orders on the petitioner's representation dated 20.12.2022, considering the report of the Revenue Inspector dated 29.08.2022 and also G.O.Ms.No.318, Revenue and Disaster Management Department dated 30.08.2019. The said exercise shall be carried out within a period of four [4] weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

06.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The District Collector, Collectorate, Thoothukudi District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk Office, Thoothukudi District.

4/5

P.B.BALAJI.

, J.

MR 06.03.2025 5/5