Sudha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Sudha .... Petitioner /Vs./ 1.The District Collector, Pudukottai District.

2.The Revenue Divisional Officer, Pudukottai, Pudukottai District.

3.The Tahsildar, Alangudi Taluk, Pudukottai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 13.09.2023 and to issue free house site patta to the petitioner in respect of the property in Sy.No.646/1A Thatchankorapathai Village, Vennanvalkudi, Alangudi Taluk and Pudukottai District with the time stipulated by this Court. 1/5

For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.C.Satheesh Government Advocate

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the third respondent to pass orders on the petitioner's representation, dated 13.09.2023 seeking issuance of free house site patta in respect of the property comprised in S.No.646/1A Thatchankorapathai Village, Vennanvalkudi, Alangudi Taluk and Pudukottai District.

2. Today when the matter is taken up, Mr.C.Satheesh, learned Government Advocate appearing for the respondents, on instructions, would submit that the petitioner's request for free hosuse site patta cannot be acceded since the lands have been classified as Natham lands and further a Thar road has been laid and in fact, the petitioner has encroached into the lands of the Government and as early as on 29.08.2022 the encroachments were also removed in the presence of the police officials. It is the contention of the respondents that the petitioner is not entitled for issuance of free house site patta. 2/5

3. Be that as it may, the said stand of the respondents is brought to the notice of this Court only today, that too, based on the written instructions dated 14.02.2024. It would suffice if the respondents, more specifically, the third respondent, shall dispose of the petitioner's application, which has been pending before the second respondent right from 13.09.2023.

4. In view of the above, a direction is issued to the third respondent to pass orders on the petitioner's representation on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and if aggrieved by any such order passed by the third respondent, it shall be open to the petitioner to agitate the same in accordance with law.

5. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 14.02.2025 am 3/5

TO:- 1.The District Collector, Pudukottai District.

2.The Revenue Divisional Officer, Pudukottai, Pudukottai District.

3.The Tahsildar, Alangudi Taluk, Pudukottai District.

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P.B. BALAJI , J.

am Order made in Dated:

14.02.2025 5/5