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Madras High CourtWP(MD)/2456/2024dismissed

Padmajeelam v. The District Collector

2024-02-12Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.2456 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.2456 of 2024 AND W.M.P.(MD)No.2465 of 2024 Padmajeelam ... Petitioner Vs.

1. The District Collector, O/o.District Collectorate, Virudhunagar District.

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

3. The Tahsildar, Vembakottai Taluk, Virudhunagar District.

4. The Village Administrative Officer, Varagunamapuram Village, Vembakottai Taluk, Virudhunagar District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent Na.Ka.A5/1551-158/2023 on 07.06.2023 and quash the same 1/4

2 W.P.(MD)NO.2456 OF 2024 consequently and issue patta in favour of the petitioner. For Petitioner : Ms.V.Sebastinal Preethi For Respondents : Mr.K.Balasubramani, Special Government Pleader.

* * *

O R D E R

Heard both sides.

2. The petitioner seeks patta for the land comprised in survey No.64/1 in Varagunamapuram Village, Vembakottai Taluk. The petitioner's request was rejected vide memorandum dated 07.06.2023. Challenging the same, this writ petition came to be filed.

3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to set aside the impugned memorandum and grant relief as prayed for.

4. We are not swayed by the said submission. As pointed out by the learned Special Government Pleader, as on date the land in question has been classified as "Lake". Photographs have also been produced before this Court. The learned counsel for the petitioner makes assertions to the 2/4

3 W.P.(MD)NO.2456 OF 2024 contrary. She would question the very character of the land attributed in the current revenue records. It is well settled that in the writ proceedings such contentious facts can not be gone into or adjudicated. It is for the petitioner to establish her claim in the manner known to law. With this liberty to the petitioner, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 12th February 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, O/o.District Collectorate, Virudhunagar District.

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

3. The Tahsildar, Vembakottai Taluk, Virudhunagar District.

4. The Village Administrative Officer, Varagunamapuram Village, Vembakottai Taluk, Virudhunagar District.

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4 W.P.(MD)NO.2456 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.2456 of 2024 12.02.2024 4/4

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