Madras High CourtWP(MD)/4878/2020disposed of

Leelavathi v. The District Collector

2020-03-09Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD) No.4878 of 2020 Leelavathi ...

Petitioner Vs.

1. The District Collector, Madurai.

2. The Revenue Divisional Officer, Thirumangalam, Madurai.

3. The Tashildar, Thirupparankundram Taluk, Madurai.

4. The Village Administrative Offier, Thirupparankundram, Madurai.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents to issue Patta to the petitioner with regard to Survey No.211/2 Thirupparankundram Village, Madurai District by considering the report of the 3rd respondent, dated 3.9.2012 within the time frame that may be fixed by this Court.

For Petitioner : Mr.P. Janarthanan For Respondents : Mr.S. Dayalan, Government Acvocate (Crl. Side)

ORDER

The instant Writ Petition has been filed in a nature of Writ of Mandamus, seeking direction to the second respondent, namely; the Revenue Divisional Officer, Thirumangalam, Madurai to issue Patta for the petitioner with respect to S.No. 211/2, Thirupparankundaram Village Madurai District by considering the report of the third respondent/The Tashildar, Thirupparankundram Taluk, Madurai District, dated 03.09.2012.

2. In the affidavit filed in support of the petition it is stated that the petitioner is residing in Survey No. 211/2, Thirupparankundaram Village Madurai South Taluk for the past more than 20 years.

3. The learned counsel appearing for the petitioner placed his reliance on G.O.Ms.No. 172, Revenue Department, dated 23.05.2012, according to which, if anybody is in possession for more than 10 years and if the land is not required by the Government, then those in occupation are eligible for issuance of Patta. The petitioner has also placed on her reliance on the report of the third respondent in Na.Ka.No.20815/2012/C2, dated 03.09.2012. The petitioner had also given a representation on 20.08.2019.

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4. In view of the above, the second respondent will have to pass orders either granting Patta or imposing conditions for grant of Patta. At any rate, this Court cannot issue a Mandamus to grant of Patta. This Court can direct the second respondent to examine the facts and issue notice, if required, examine the records, examine the land for which Patta is sought and thereafter, taken a decision based on the reasons.

5. With the said directions, the Writ Petition stands disposed of. It is hope that the second respondent would be able to take a decision on this aspect, on or before 30.05.2020. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To

1. The District Collector, Madurai.

2. The Revenue Divisional Officer, Thirumangalam, Madurai.

3. The Tashildar, Thirupparankundram Taluk,Madurai.

4. The Village Administrative Offier, Thirupparankundram, Madurai.

+1 CC to M/s.P.JANARTHANAN, Advocate ( SR-10603[F] +1 CC to M/s.SPL.GP ( SR-10762[F] dated 10/03/2020 ) W.P(MD) No.4878 of 2020 09.03.2020 SMA/16/03/2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/