Sankarapandiyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.5031 of 2025 Sankarapandiyan ... Petitioner Vs.

1. The District Collector, Tenkasi District, Tenkasi.

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

3. The Special Tahsildar, V.K.Pudur Taluk, Tenkasi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 3rd respondent to issue computerized Patta to the petitioner in respect of S.No.557/8 to an extent of 61 cents of Balapathiraramapuram Village, V.K.Pudur Taluk, Tenkasi District, on the basis of the petitioners representation dated 27.02.2024.

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For Petitioner : Mr.M.Sankar For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

Mr.M.Lingadurai, learned Special Government Pleader takes notice on behalf of the respondents.

2. The petitioner seeks issuance of writ of mandamus to direct the 3rd respondent to issue computerized patta to the petitioner in respect of the property comprised in S.No.557/8, measuring an extent of 61cents at Balapathiraramapuram Village, V.K.Pudur Taluk, Tenkasi District.

3. The case of the petitioner is that the petitioner was allotted property way back in the year 1985 vide proceedings of the Additional Tahsildar bearing R.O.C.A1.DA.19/94 dated 18.11.1985 and patta was also mutated in name of the petitioner. The petitioner has been in possession and enjoyment of the subject property till date. Thereafter, new patta number was given in respect of the petitioner's property as per Land 2/6

Acquisition Scheme. Therefore, the petitioner has made a representation before the Additional Revenue Tahsildar on 03.11.1988, to include the name of the petitioner in the new patta. Upon his representation, the Additional Revenue Tahsildar vide proceedings Na.Ka.No.A1 DA 19/94 dated 19.03.1989 directed the officials to issue patta to the petitioner. Even then the petitioner was not granted patta.

4. According to the petitioner, the petitioner's name has been added in the Village Account and he has also been issued with patta. However, computerized patta, has not been issued to the petitioner. In this regard, the petitioner has sent a representation on 03.11.1988 to the Additional Revenue Tahsildar. Recently on 27.02.2024, the petitioner has given yet another representation seeking computerized patta. The petitioner now seeks to dispose of the said representation 27.02.2024, in a manner to law.

5. Considering the limited scope of relief sought for by the petitioner and with the consent of the learned counsel on either side, this writ petition is taken up for final disposal. 3/6

6. The petitioner's rights have been recognized by including his name in the village account and also by issuing a patta even prior to UDR. It is also the specific case of the petitioner that the petitioner was issued assignment D patta.

7. However, the learned Special Government Pleader would submit that the subject lands are assigned as "Sarkar Poromboke Anatheenam" and therefore, there is no possibility of issuing patta to the petitioner.

8. Though, the lands are classified as "Sarkar Poromboke Anatheenam", the respondents having issued assignment D patta to the petitioner by including his name in the village account and also issuing patta to the petitioner, the petitioner's case may have to be reviewed and his entitlement to computerized patta has to be examined dehors the fact that the lands are classified as "Sarkar Poromboke Anatheenam". However, since the petitioner's application/representation is pending from 27.02.2024, it would be suffice to issue a direction to the 2nd respondent to consider the petitioner's representation, taking note of the earlier issuance of assignment D patta to the petitioner, even prior to the UDR 4/6

and pass orders, subject to the petitioner satisfying the authorities regarding the genuineness of the allotment and other relevant documents. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

9. With these observations, writ petition stands disposed of. No costs.

25.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

P.B.BALAJI , J.

rgm To

1. The District Collector, Tenkasi District, Tenkasi.

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

3. The Special Tahsildar, V.K.Pudur Taluk, Tenkasi District.

W.P.(MD).No.5031 of 2025 25.02.2025 6/6