Raju S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Raju .. Petitioner v.

1.The District Collector, Collectorate Campus, Madurai - 20.

2.The Tahsildar, Madurai South, Thirupparankundram, Madurai District.

3.The Thasildar, Madurai West, Virattipathu, Madurai District.

4.The Executive Engineer, Tamil Nadu Housing Board, Ellis Nagar, Madurai - 10.

.. Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to issue patta in favour of the petitioner in respect of the property comprised in Town Survey No.19 with an extent of 6075 square meters situated in Ponmeni Village, Block No.54, Madurai Town, within a stipulated time limit.

For Petitioner : Mr.P.Gunasekaran For Respondents : Mr.D.Farjana Ghoushia, Special Government Pleader for R.1 to R.3 Mr.R.Sivakumar, Standing Counsel for R.4 *****

ORDER

The petitioner has filed this writ petition for a mandamus directing the respondents to issue patta in his favour in respect of the property in Town Survey No.19, to an extent of 6075 sq.meter, situated in Ponmeni Village, Madurai Town.

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2.Learned Counsel for the petitioner submitted that the petitioner is the owner of the property. The entire extent of the property is 7.30 acres. The fourth respondent / Housing Board has acquired a portion of the property to an extent of 6.04 acres in the year 2014 and the remaining extent of 6075 sq. meters is still lying with the petitioner. The petitioner has submitted an application for grant of patta on 25.04.2018 and has filed a writ petition before this Court in WP(MD)No.22329 of 2019. This Court, by order dated 22.10.2019, directed the respondents therein to consider and pass orders on the petitioner's representation dated 25.04.2018. 3.He further submitted that even after the orders of this Court, the respondents have not considered the case of the petitioner and issued any patta. Hence, the petitioner has filed this writ petition for the second time. 4.Learned Standing Counsel for the fourth respondent / Housing Board submitted that they have acquired 6.04 acres of land in Town Survey No.19, Ponmeni Village, Madurai Town and that they are not 3/6

having any claim whatsoever with regard to the remaining portion of the property. He further submitted that the revenue officials are conducting a survey today to demarcate the properties of the Housing Board and the properties of the petitioner.

5.Considering this development that the revenue officials are now conducting a survey and the Housing Board has acquired only to an extent of 6.04 acres and that the petitioner is still holding the remaining extent of the property, the respondents 1 to 3 shall consider the case of the petitioner, demarcate the properties and take a decision on the petitioner's plea for patta, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, this writ petition stands disposed of. No costs. Index :

Yes / No 02.08.2023 NCC :

Yes / No Internet :

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To 1.The District Collector, Collectorate Campus, Madurai - 20.

2.The Tahsildar, Madurai South, Thirupparankundram, Madurai District.

3.The Thasildar, Madurai West, Virattipathu, Madurai District.

4.The Executive Engineer, Tamil Nadu Housing Board, Ellis Nagar, Madurai - 10.

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B.PUGALENDHI, J.

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