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Madras High CourtWP(MD)/2967/2025disposed of

Thiruvan v. The Tahsildar

2025-02-03Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Thiruvan ... Petitioner /Vs./ 1.The Tahsildar, Tahsildar Office, Vilathikulam Taluk, Thoothukudi District.

2.The Revenue Inspector, Pudur Revenue Inspector Office, Vilathikulam Taluk, Thoothukudi District.

3.The Village Administrative Officer, Nagalapuram Village Administrative Office, Vilathikulam Taluk, Thoothukudi District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to issue Cultivation land Crop Tenant Certificate tptrha mDgt rhd;W to the petitioner for the Punja Lands comprised in Survey No.168/5 to an extent of 40 cents, 187/1 to an extent of 1 acre 39 cents, 187/2 totalling to an extent of 1/6

1 acre 60 cents property situated at Nagalapuram Village, Vilathikulam Taluk, Thoothukudi District by considering the petitioner's representation dated 23.09.2024.

For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus to direct the respondents to issue Cultivation Land Crop Tenant Certificate "tptrha mDgt rhd;W" to the petitioner for the Punja Lands comprised in Survey No.168/5 to an extent of 40 cents, 187/1 to an extent of 1 acre 39 cents, 187/2 totalling to an extent of 1 acre 60 cents property situated at Nagalapuram Village, Vilathikulam Taluk, Thoothukudi District.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/6

4. The petitioner contends that he is a cultivating tenant and he is in possession and enjoyment of the land comprised in S.No.168/5 to an extent of 40 cents, 187/1 to an extent of 1 acre 39 cents, 187/2, totalling to an extent of 1 acre 60 cents, property situated at Nagalapuram Village, Vilathikulam Taluk, Thoothukudi District.

5. According to the petitioner, he is carrying out agricultural activities and however, he is unable to reap the benefits of the same since he does not possess a Cultivation Tenant Certificate from the revenue authorities. According to the petitioner, he is also remitting the cultivation tax without any default. The petitioner has made a representation to the respondents on 23.09.2024 to issue a Cultivation Land Tenant Certificate. The said representation is sought to be disposed of by way of present writ of mandamus.

6. The learned Additional Government Pleader appearing for the respondents would submit that the patta does not stand in the name of the petitioner and therefore, the respondents are unable to process the 3/6

request of the petitioner for issuance of Cultivation Land Tenant Certificate.

7. Considering the limited scope of the prayer and also in view of the fact that the petitioner does not assest title to the subject land, not only seeks issuance of a Cultivation Land Tenant Certificate, the respondents shall look into the said representation of the petitioner dated 23.09.2024 and decide the same in accordance with law, and if required, after issuance of notice to the land owners, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

8. Accordingly, the writ petition is disposed of with the above directions. No costs.

Index : Yes / No NCC : Yes / No 03.02.2025 am 4/6

TO:- 1.The Tahsildar, Tahsildar Office, Vilathikulam Taluk, Thoothukudi District.

2.The Revenue Inspector, Pudur Revenue Inspector Office, Vilathikulam Taluk, Thoothukudi District.

3.The Village Administrative Officer, Nagalapuram Village Administrative Office, Vilathikulam Taluk, Thoothukudi District.

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P.B. BALAJI , J.

am Order made in Dated:

03.02.2025 6/6