Madras High CourtWP(MD)/9183/2022disposed of

Saburan Jamila.M v. The District Collector

2022-06-20Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.9183 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.9183 of 2022 M.Saburan Jamila ... Petitioner Vs.

1.The District Collector, O/o. The District Collector, Collectarate Campus, Ramanathapuram, Ramanathapuram District.

2.The Thasildhar, O/o. the Thasildhar, Ramanathapuram, Ramanathapuram 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 2nd respondent to issue patta in the name of the petitioner in respect of the petitioner's property admeasuring to an extent of 0.88.0, 2.02.5 and 16.22.5 hectares respectively in Survey Nos.90/1, 90/3 and 91/1 situated at Panaikulam Village, Alagankulam Group, Ramanthapuram District and by considering the petitioner's representation dated 07.01.2022 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar, For M/s.Ajmal Associates.

For Respondents : Mr.M.Prakash, Addl. Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner wants patta to be issued in her favour in respect of the petition mentioned lands. The learned Additional Government Pleader appearing for the respondents produced the relevant records. It is seen that S.No.91/1 of Panaikulam Village https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.9183 of 2022 has been shown as water body. Therefore, patta cannot be issued in respect of S.No.91/1. S.Nos.90/1 and 90/3 have been shown as government poramboke lands and they have been classified as tharisu. Therefore, Mandamus cannot be issued directing the respondents to issue patta in favour of the petitioner. If the petitioner is in possession of S.Nos.90/1 and 90/3 and if the petitioner is otherwise eligible on the strength of her possession, she can apply to the first respondent for issuance of assignment patta. Direction to issue revenue patta cannot granted straightaway. 3.With this liberty to the petitioner, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // /07/2022 Sub Assistant Registrar(CS) ias To:

1.The District Collector, O/o. The District Collector, Collectarate Campus, Ramanathapuram, Ramanathapuram District.

2.The Thasildhar, O/o. the Thasildhar, Ramanathapuram, Ramanathapuram District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-27016[F] dated 21/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27087[F] dated 21/06/2022 ) W.P(MD)No.9183 of 2022 20.06.2022 MGJ(04.07.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2