Nallammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Nallammal, W/o Neelamega Soundhararajan Perumal .. Petitioner

Versus

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul East Taluk Office, Dindigul, Dindigul District.

3.Kembaiyan, S/o Padaya Gounder .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to issue the patta to the petitioner with regard to land in Old Survey Number 111/1A and New Survey No.467/8 situated at Veerachinnampatti Village, Sanarpatti Via, Dindigul East Taluk, Dindigul District, based on the petitioner's representation dated 19.10.2020.

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For Petitioner :

Mr.G.Gomathi Sankar For R1 and R2 :

Ms.D.Farjana Ghoushia Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 and 2 to issue Patta to the petitioner with regard to the land in Old Survey No.111/1A and New Survey No.467/8, based on the representation made by her on 19.10.2020.

2. The case of the petitioner is that she is in possession and enjoyment of the natham land from the year 2003 onwards. The petitioner therefore made a representation to the respondents 1 and 2 for issuance of Patta. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. When the matter was taken up for hearing today, the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 produced the written instructions received from the second 2/5

respondent. The relevant portions in the written instructions are extracted hereunder:- 3/5

4. It is clear from the above that the claim made by the petitioner has already been considered and in view of the fact that the subject property is being used by persons, who come for worshipping in the Temple and also the fact that already house Patta has been issued to the petitioner and her husband, the second respondent has taken a decision not to issue house Patta to the petitioner for the subject property.

5. In the light of the above decision taken by the second respondent, the relief sought for by the petitioner cannot be granted by this Court. Accordingly, this Writ Petition stands dismissed. No costs. NCC : Yes/No 11.10.2023 Index : Yes/No smn2 To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul East Taluk Office, Dindigul, Dindigul District.

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N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.2992 of 2021 11.10.2023 5/5