P.Lakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI P.Lakhsmi ... Petitioner vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildhar, Alangudi Taluk, Alangudi, Pudukkottai District.

4.The Executive Officer, Alangudi Town Panchayat, Alangudi, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the Respondents No.1 to 3 to issue Patta to the petitioner in respect of land about an extent of 0.02.0 Ares equalling 5 cents comprised in Survey Nos.46/96 and 46/97, Alangudi Village, Alangudi Taluk, Pudukkottai District on the basis of the proceedings in Na.Ka.No.E2, 47761/2000, dated 20.12.2000. 1/6

For Petitioner :Mr.J.Lawrance For R1 to R3 :Mr.S.Kameswaran Government Advocate For R4 :Mr.P.T.Thiraviam Government Advocate *****

O R D E R

Heard Mr.J.Lawrance, learned Counsel appearing on behalf of the petitioner, Mr.S.Kameswaran, learned Government Advocate for the respondents 1 to 3 and Mr.P.T.Thiraviam, learned Government Advocate appearing on behalf of the fourth respondent. 2.The learned Counsel for the Writ Petitioner would submit that the petitioner only seeks implementation of the order of the District Collector, dated 20.12.2000 to allot Natham lands to persons, who are found to be in continuous possession and occupation of their respective portions of lands.

3.I have gone through the records including the order of the District Collector, dated 20.12.2000, in Na.Ka.No.E2, 47761/2000. It is seen from the proceedings of the District Collector that Survey Nos. 2/6

46/96 and 46/97, Alangudi Village, Alangudi Taluk, Pudukkottai District measuring 1 are each has been classified as "natham lands". 4.Mr.S.Kameswaran, learned Government Advocate, on written instructions, would submit that FMB has not been updated and hence, patta has not been issued.

5.The said contention of the learned Counsel for the official respondents cannot be countenanced for the simple reason that when the first respondent/District Collector has already taken a decision to classify the subject lands as Natham lands and recognised the long possession of the persons, who have been in occupation of the said lands, as early as by proceedings dated 20.12.2000, it is not open to the official respondents to contend that FMB is not yet updated and therefore, patta has not been issued. It is for the official respondents to take appropriate follow up steps pursuant to the order of the District Collector, dated 20.12.2000 and ensure that the same is implemented in its true letter and spirit. 3/6

6.In view of above, the Writ Petition is disposed of directing the third respondent to take immediate steps to implement the order of the District Collector/the first respondent, dated 20.12.2000, by passing orders with regard to the issuance of patta to the petitioner subject to the petitioner satisfying the entitlement for the same. The said exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs.

Index :Yes / No 15.04.2025 Internet :Yes / No NCC :Yes / No cmr 4/6

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildhar, Alangudi Taluk, Alangudi, Pudukkottai District.

4.The Executive Officer, Alangudi Town Panchayat, Alangudi, Pudukkottai District.

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P.B.BALAJI, J.

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