M.Nagu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI M.Nagu ... Petitioner Vs.

1.The District Collector, O/o the District Collector, Ramanathapuram District.

2.The Special Tahsildar, O/o the Special Tahsildar, Department of Adi Dravidar Welfare, Ramanathapuram District.

3.The Tahsildar, O/o the Tahsildar, R.S.Mangalam, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the Respondent No.3 to grant patta in the name of petitioner in respect of his house situated in Plot No.32 in Survey Nos.3/2, 3,4 situated at Kailasasamuthiram, Avarendal post, R.S.Mangalam Taluk, Ramanathapuram District by completing the proceedings of the Respondent No.2, dated 27.02.2025 within the time as stipulated by this Court. For Petitioner : M/s.P.S.Kayal Vizhi 1/5

For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

2. The learned counsel for the petitioner submits that the petitioner has been in possession and enjoyment of property, namely Plot No.32 comprised in Survey Nos.3/2, 3, 4 at Kailasasamuthiram, Avarendal post, R.S.Mangalam Taluk, Ramanathapuram District. According to the petitioner, the petitioner has constructed a residence and has been residing in the property ever since the year 2004. According to the petitioner, the petitioner has assessed the building to house tax in his name and has been paying taxes and charges without any default. Claiming issuance of E-patta, the petitioner has made a representation to the 2nd respondent on 19.02.2025. On 27.02.2025, the 2nd respondent has forwarded the request of the petitioner to the 3rd respondent directing appropriate action to be taken. Thereafter, the petitioner has once again made a representation on 24.02.2025 to the 1st respondent. The petitioner now seeks issuance of writ of mandamus to conclude the enquiry on the petitioner's application and pass final orders.

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3. However, the learned Special Government Pleader would submit that though the petitioner is entitled to E-patta, as on date, the scheme for issuing Epatta is not in force and therefore, it is not possible for the authorities to consider the request of the petitioner for issuance of E-patta. However, he submit that once any new scheme is in place or the old scheme is revived, then the petitioner's request will be promptly considered.

4. Recording the said submission, this writ petition is disposed of, giving liberty to the petitioner to make fresh application and renew the earlier request for E-patta as soon as the Government issues any new scheme for issuance of Epatta for Adi Dravidar house sites or revives the earlier scheme.

5. In view of the above, this Writ Petition stands disposed of. No costs. 17.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/5

To:

1.The District Collector, O/o the District Collector, Ramanathapuram District.

2.The Special Tahsildar, O/o the Special Tahsildar, Department of Adi Dravidar Welfare, Ramanathapuram District.

3.The Tahsildar, O/o the Tahsildar, R.S.Mangalam, Ramanathapuram District.

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P.B.BALAJI , J.

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