S.Saravanan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA S.Saravanan .. Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Pudukkottai Taluk, Pudukkottai.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 30.07.2019 seeking patta for the land in Survey No.420/3 of Sammattividuthi Village, Pudukkottai Taluk and District to an extent of 0.04.5 Ares of land where his house bearing Old D.No.627 and New No.3/596 is situated within a time stipulated by this Court.

For Petitioner :

Mr.N.Anandakumar For Respondents :

Mr.T.Amjadkhan Government Advocate

ORDER

This writ petition is filed for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 30.07.2019 seeking patta for the land in Survey No.420/3 of Sammattividuthi Village, Pudukkottai Taluk and District to an extent of 0.04.5 Ares of land where his house bearing Old D.No.627 and New No. 3/596 is situated.

2. It is the case of the petitioner that his father and elder brother, viz., Veeraiah were in possession of an extent of 0.12.5 Ares of land, which has been classified as 'Anathinam' in S.No.420/3 of Sammattividuthi Village, Pudukkottai Taluk. His father had constructed a thatched house and the petitioner has been living in the said property with his family. He would submit that five years ago, 0.07.0 Ares of land

was taken away for constructing a police station. He would further submit that now he is in possession of 0.04.5 Ares and the remaining extent of 0.07.0 Ares houses the police station.

3. It is the further case of the petitioner that the old door number of his house was 627 and the new number assigned is 3/596. All the records of the petitioner show the said address. The petitioner would submit that his father passed away in 1998 and thereafter, he has been paying the house taxes regularly. Apart from this property, the petitioner does not have any property and he belongs to very poor family. Therefore, he has been making representation to the respondents to consider granting of patta to him in respect of 0.04.5 Ares of land in S.No.420/3. The representation was sent on 30.07.2019.

4. Mr.T.Amjadkhan, learned Government Advocate would submit that the lands are classified as 'Anathinam' lands and therefore, patta cannot be granted.

5. Considering the fact that the representation is pending on the file of the second respondent without passing orders either way, this Writ Petition is disposed of directing the second respondent to consider the petitioner's representation dated 30.07.2019 and pass order on merits within a period of eight weeks from the date of receipt of a copy of this order. No costs.

26.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Pudukkottai Taluk, Pudukkottai.

P.T.ASHA, J.

abr Dated: 26.04.2023