Kesavan v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.12648 of 2020 and W.M.P.(MD)No.10775 of 2020 Kesavan ... Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Singampunari Taluk, Sivagangai District.

4.Alagammal 5.Subramanian ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 29.07.2020 not to issue free house site patta in favour of the respondents 4 and 5 pertaining to the land situated in S.Nos.797/18, 797/19 of Kumaripatti Village, South Singampunari Village Group, Singampunari Taluk, Sivagangai District.

For Petitioner : Mr.V.Kannan For R1 to R3 : Mr.M.Pandiya Rajan, Additional Government Pleader.

For R4 and R5 : No Appearance

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the third respondent to consider the petitioner's representation dated 29.07.2020 not to issue free house site patta in favour of the respondents 4 and 5 pertaining to the land situated in S.Nos.797/18, 797/19 of Kumaripatti Village, South Singampunari Village Group, Singampunari Taluk, Sivagangai District. 2.According to the petitioner, the land to the extent of 2 cents situated in S.Nos.797/18 and 797/19 of Kumaripatti Village, South Singampunari Village Group, Singampunari Taluk, Sivagangai District is a Government Natham land. The respondents 4 and 5 are 1/3

the adjacent land owners of the petition mentioned land. The fourth respondent has constructed a house in her land in S.No.626/8A and also has encroached the petition mentioned land. Now, the respondents 4 and 5 are trying to get patta to the petition mentioned land with the help of the revenue officials. Therefore, the petitioner has made an objection on 29.07.2020 to the respondents 1 to 3 and requested them not to grant patta in favour of the respondents 4 and 5. The second respondent has directed the third respondent to look into the matter vide his proceedings dated 10.08.2020. But so far, the third respondent did not take any effective steps, however, he is trying to issue patta in favour of the respondents 4 and 5. Hence, the petitioner has approached this Court, seeking aforesaid prayer.

3.When the matter is taken up for hearing, it is represented by the learned Additional Government Pleader appearing for the respondents 1 to 3 that no patta has been issued to the respondents 4 and 5 or any other persons pertaining to the petition mentioned land and still it is treated as Government land. In view of the same, no further orders are required in this Writ Petition. However, if any claim is made by the respondents 4 and 5 or any other family members, a greater vigil should be there, so that the persons, who are not entitled, are not given patta. Whenever free house site patta is given to the Government land, the Government must ensure that Aadhar card is received and uploaded in the website, so that anybody can ascertain whether more lands have been assigned to undeserving persons.

4.Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Devakottai, Sivagangai District.

3. The Tahsildar, Singampunari Taluk, Sivagangai District.

+1 CC to the SPL GP ( SR-21161[F] dated 04/11/2020 ) Order made in W.P.(MD)No.12648 of 2020 CK(CO) CS(10.11.2020) 3P 5C 3/3