Sumathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Sumathi ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sri Rangam, Trichy.

3.The Tahsildar, Marungapuri Taluk, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third respondent to issue house site patta in Natham S.No.330 to the extent of 2 1⁄2 cents at Sevalpatti Village, Marungapuri Taluk, Trichy District by way of consider petitioner's representation dated 09.01.2025.

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

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the third respondent to issue house site patta in Natham S.No.330 to an extent of 2 1⁄2 cents at Sevalpatti Village, Marungapuri Taluk, Trichy District, in furtherance of representation dated 09.01.2025.

2. The petitioner is the wife of late.Murugesan, who worked as Record Clerk at Government Higher Secondary School, Sevalpatti. The petitioner's husband died in the year 2020. The petitioner's husband purchased plot in Natham S.No.330/2 on 05.07.1999. The adjoining land was possessed and enjoyed by one Shanmugam Chettiar, from whom the petitioner's husband purchased the same on 23.01.2005 for lawful consideration. According to the petitioner, the petitioner and her husband have been in possession of the said lands of Shanmugam Chettiar for the past three decades and since there is no 2/5

patta issued to the said Shanmugam Chettiar and also the husband of the petitioner, the petitioner sent a representation to the third respondent on 09.01.2025. The said representation is sought to be disposed of by way of this present writ petition.

3. Mr.B.Saravanan, learned Additional Government Pleader, appearing for the respondents would submit that the petitioner's husband has already owned land admittedly even according to the affidavit filed in support of this writ petition and therefore, the petitioner is not entitled to seek for free house site patta as sought for. However, the learned counsel for the petitioner would submit that the petitioner and her husband have been in enjoyment of both the pieces of lands for the past several decades and there is no objection for such an enjoyment. The petitioner also expresses her willing to say any reasonable consideration for the assignment in her favour. However, the matter is left to the discretion of the authorities, subject to the admissible Rules and Regulations permitting the same.

4. In the light of the above, a direction is issued to the third respondent to consider the petitioner's representation dated 09.01.2025 and pass orders on 3/5

merits and in accordance with law, including the request of the petitioner to pay reasonable amount of compensation for getting the land assigned in her favour within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. 10.02.2025 Rmk NCC: Yes/No Index : Yes / No To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sri Rangam, Trichy.

3.The Tahsildar, Marungapuri Taluk, Trichy District.

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P.B.BALAJI , J.

Rmk 10.02.2025 5/5