Kasikaniammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Kasikaniammal ... Petitioner Vs.

1.The District Collector Thoothukudi District, Thoothukudi.

2.The Tahsildhar (Forest) 2nd Floor, District Collector Office, Thoothukudi, 3.The Tahsildhar O/o. the Tahsildhar, 1/6

4.Village Administrative Officer, Solai Kudiyiruppu, Kudirai Mozhi Village, ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation, dated 08.02.2023 and to issue patta in respect of the property measuring 17 cents in Survey No.97/9 situated at Kuthiraimozhi Village, Thiruchendhur Taluk, Thoothukudi District.

For Petitioner : Mr.V.Shathurthi Raja For Respondents : Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents, particularly, the third 2/6

respondent / Tahsildar, Thiruchendhur Taluk, Thoothukudi District, to consider the representation, dated 08.02.2023 given by the petitioner and to issue patta with respect to the property measuring 17 cents in Survey No.97/9 at Kuthiraimozhi Village, Thiruchendhur Taluk, Thoothukudi District.

2. When the matter came up for admission, this Court had directed the petitioner to apply for patta through online. The learned counsel had now produced a document which reflected that the petitioner had applied for patta through online in application No. 2023/0103/28/392008 dated 23.03.2023.

3. The learned Special Government Pleader drew notice of this Court to an Advocate notice issued on behalf of the petitioner herein to the respondents herein wherein, it had been stated that the second respondent / Tahsildar (Forest), Thoothukudi, Thoothukudi District, had encroached into the lands of the petitioner to an extent of 1/2 cent of land and had put up a construction.

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4. These are issues which can be examined only by the third respondent, who has to issue notice not only to the petitioner, but also to the second respondent/ Tahsildar (Forest), Thoothukudi, examine the title of the petitioner to the land and thereafter, examine whether there has been any encroachment and thereafter, take a decision to grant patta or not to grant patta for the entire land or for portion of the land or as is required. Necessary reasons will have to be given. The entire exercise must be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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

05.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 4/6

To 1.The District Collector Thoothukudi District, Thoothukudi.

2.The Tahsildhar (Forest) 2nd Floor, District Collector Office, Thoothukudi, 3.The Tahsildhar O/o. the Tahsildhar, 4.Village Administrative Officer, Solai Kudiyiruppu, Kudirai Mozhi Village, 5/6

C.V.KARTHIKEYAN, J.

RM 05.06.2023 6/6