Mariammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.9051 of 2023 and W.M.P.(MD)No.8206 of 2023 Mariammal ... Petitioner vs.

1.The District Collector, Office of the District Collector, Dindigul District.

2.The District Revenue Officer, Office of the District Revenue Officer, Dindigul.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul.

4.The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

5.The Village Administrative Officer, Office of the Village Administrative Officer, Paganatham, Dindigul District.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 4 herein to issue individual patta in respect of the petitioner's property comprised in S.No.1103/27 situated at Paganatham Village, Vedasandur Taluk, Dindigul District and also to include the same in the Village Accounts on the basis of the petitioner's representation, dated 20.02.2023 within the time stipulated by this Court.

For Petitioner :Mr.R.Varadharajan For Respondents :Mr.J.Ashok Additional Government Pleader *****

O R D E R

This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the fourth respondent/Tahsildar, Vedasandur Taluk, Dindigul District to grant patta to the petitioner with respect to the property in S.No.1103/27 at Paganatham Village, Vedasandur Taluk in Dindigul District and consequently, to include the petitioner's name in the village accounts. The petitioner had given a representation on 20.02.2023.

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2.Heard Mr.R.Varadharajan, learned Counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader for the respondents. 3.It is the contention of the learned Counsel for the petitioner that a large area of land in S.No.1103/26 had been sub divided as S.Nos. 1103/26 and 1103/27. Insofar as that large area of land is concerned, namely, S.No.1103/26, patta stands in the name of the petitioner herein. With respect to the sub divided portion in S.No.1103/27, the learned Counsel for the petitioner, relies on a certificate issued by the Village Administrative Officer, which stated that the petitioner Mariammal, wife of Santhanam, is residing in the land after constructing a hut. 4.The learned Additional Government Pleader however submitted that yet another Writ Petition has been filed independently by one M.Alagarsamy in W.P(MD)No.1795 of 2023 [M.Alagarsamy vs Revenue Divisional Officer, Palani and another] and by an order, dated 31.01.2023, a direction had been given by the learned Single Judge of this Court.

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5.Let the Tahsildar take note of the documents filed by the petitioner herein, issue notice to the petitioner, make an inspection of the land of the petitioner and if he/she satisfied that the petitioner is in occupation and the petitioner has valid patta, then proceed further in accordance with law on the basis of the representation of the petitioner, dated 20.02.2023. If required, notice may also be issued to M.Alagarsamy, but if that land is different, then independently the direction given in W.P(MD)No.1795 of 2023 must be complied with insofar as M.Alagarsamy is concerned. The entire exercise should be completed within a period of eight weeks from the date of receipt of a copy of this order.

6.Holding as above, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index :Yes / No 05.06.2023 Internet :Yes NCC : Yes/No cmr 4/6

To 1.The District Collector, Office of the District Collector, Dindigul District.

2.The District Revenue Officer, Office of the District Revenue Officer, Dindigul.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul.

4.The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

5.The Village Administrative Officer, Office of the Village Administrative Officer, Paganatham, Dindigul District.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.9051 of 2023 05.06.2023 6/6