Arulanthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2025

CORAM

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

1.The District Collector, Collectorate, Sivagangai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai Taluk, Sivagangai Taluk.

3.The Tahsildhar, Taluk Office, Devakottai Taluk, Sivagangai District.

4.The Deputy Inspector of Survey, Taluk office, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to issue patta in favour of petitioner's name.

For Petitioner : Mr.S.Asaithambi 1/5

For Respondents : Mr.S.Kameswaran Government Advocate

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the 3rd respondent to issue patta in favour of the writ petitioner.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The case of the petitioner is that the petitioner is entitled to lands in Natham survey numbers.272/1 and 272/3. However, it appears that patta number.311 has already been mutated in the name of the petitioner in so far as survey number.272/3 is concerned. However, with regard to survey number 272/1, according to the learned Government advocate, the revenue records reflect survey number.272 /1 as street and therefore, without reclassification being done, no further steps can be taken with regard to issuance of patta to the petitioner. The petitioner relies on judgement of the competent Civil Court in support of his claim for patta in respect of survey number.272/1. 2/5

4. Be that as it may, in the light of the classification as street and the competent authority being the 2nd respondent, the petitioner is directed to give a fresh detailed representation to the 2nd respondent within a period of two (2) weeks from the date of receipt of copy of this order. Thereafter, the petitioner's representation shall be enquired into by the 2nd respondent and after affording a fair opportunity to the petitioner and any other parties concerned, the 2nd respondent shall pass final orders on the petitioner's entitlement for patta in respect of Survey number.272/1, within a period of eight (8) weeks from the date of representation to be given by the petitioner. Subject to the decision of the 2nd respondent, the 3rd respondent shall accordingly issue / rejects the application of the petitioner for issuance of patta in respective survey number. 272/1, within a period of four (4) weeks from the date of report from the 2nd respondent.

5. With the above direction, this Writ Petition stands disposed of. No costs.

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To:

1.The District Collector, Collectorate, Sivagangai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai Taluk, Sivagangai Taluk.

3.The Tahsildhar, Taluk Office, Devakottai Taluk, Sivagangai District.

4.The Deputy Inspector of Survey, Taluk office, Devakottai Taluk, Sivagangai District.

4/5

P.B.BALAJI , J.

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