Karthik Kannan.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN S.Karthik Kannan ... Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Revenue Divisional Officer, Madurai East, Madurai District.

3.The Thasildar, Madurai East Taluk, Madurai District. ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue patta to the petitioner for his house bearing D.No.1/131 A, in S.No.48/25 in Ulaganeri Village, Madurai East Taluk, Madurai by disposing the petitioner's representation dated 17.02.2023. For Petitioner : Mr.Saravanakumar For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader for R1 to R3 1/5

O R D E R

This Writ Petition has been filed in the nature of Mandamus, seeking a direction to the respondents 1 to 3 to issue patta to the petitioner for his house bearing D.No.1/131 A, in S.No.48/25 in Ulaganeri Village, Madurai East Taluk, Madurai.

2. The petitioner had given a representation on 17.02.2023. In the affidavit filed in support of the petition, it had been stated that the grandmother and other family members of the petitioner had been in possession of the said property for considerable number of years and it was Natham Poramboke land. The petitioner had constructed a house and electricity connection had also been given. It had been stated in the affidavit that the grand mother of the petitioner had died on 28.04.2019 and the petitioner is laborer and landless poor.

3. The learned Special Government Pleader appearing for the respondents has objected the said contention by stating that the mother of the petitioner has another property which is worth about Rs.50 lakhs. Therefore, it would not be possible to grant patta to the petitioner herein. 2/5

This statement has been made in clear terms in the written instruction given by the learned Special Government Pleader appearing for the respondents. It has also been stated that the property for which patta is sought has been let out on monthly rent for a sum of Rs.3000/-.

4. In view of the same, I would direct the third respondent to pass necessary orders on or before 15.05.2023, but a Mandamus cannot be issued.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

27.04.2023 Index: Yes/No Internet: Yes/No ssb 3/5

To 1.The District Collector, Madurai, Madurai District.

2.The Revenue Divisional Officer, Madurai East, Madurai District.

3.The Thasildar, Madurai East Taluk, Madurai District.

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C.V. KARTHIKEYAN, J.

ssb 27.04.2023 5/5