R.Lawrence v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI r.Lawrence : Petitioner Vs.

1.The District Collector, Kokkarakulam, Tirunelveli District - 627009.

2.The District Revenue Officer, Kokkarakulam, Tirunelveli District - 627009.

3.The Tahsildar, Radhapuram, Radhapuram Taluk, Tirunelveli District - 627 111.

4.The Village Administrative Officer, Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District - 627 111.

: Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the third respondent to issue the patta in the light of sale deed Doc.No.1749/1933, Adangal records to the petitioner and consider the petitioner's representation dated 31.01.2025.

For Petitioner : Mr.V.Balasubramanian For Respondents : Mrs.K.Malathi, Additional Government Pleader

O R D E R

The petitioner based on a registered sale deed of the year 1933 in favour of his grandfather and mutation of revenue records thereafter, has sought for patta before the third respondent. In this regard, the petitioner has made a representation on 31.01.2025 and in and by this Writ Petition, the petitioner seeks disposal of the said representation dated 31.01.2025.

2.Heard the learned Counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents.

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3.The petitioner claims that the property which is subject matter of the 1933 sale deed was old S.No.842/1 and the present survey number in respect of the survey number mentioned in the sale deed is S.No.999/3. The petitioner's specific case is that even in 1933 sale deed, Survey No.842/1, it is clearly mentioned that the property comprises of a well and the said well according to the petitioner has been used by the petitioner and his predecessors in interest, for the purpose of irrigation and cultivation. Based on this document, the petitioner sought for issuance of patta. 4.Without going into the merits of the entitlement of the petitioner, subject to the authorities satisfying themselves about the correlation with regard to the old survey number and the new survey number and the existence of the well and the possession being with the petitioner, the third respondent shall pass orders on the petitioner application dated 31.01.2025, on merits and in accordance with law within a period of eight [8] weeks from the date of receipt of a copy of this order.

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5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 14.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The District Collector, Kokkarakulam, Tirunelveli District - 627009.

2.The District Revenue Officer, Kokkarakulam, Tirunelveli District - 627009.

3.The Tahsildar, Radhapuram, Radhapuram Taluk, Tirunelveli District - 627 111.

4.The Village Administrative Officer, Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District - 627 111.

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P.B.BALAJI.

, J.

MR 14.03.2025 6/6