Varalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI

1. Varalakshmi

2. Amsavalli

3. Kamatchi

4. Kannan

5. Sekar ... Petitioners versus

1. The District Collector, Thanjavur District, Thanjavur.

2. The Thasildar, Thanjavur Taluk, Thanjavur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to consider the petitioners' representation dated 05.08.2024 with regard to issuance of patta to the petitioners' dwelling house respectively situated at Natham Survey No.42/2 in Puliyanthoppu Village, Thanjavur Taluk, Thanjavur District, based on the petitioners' long possession within the period that may be stipulated by this Court.

For Petitioners : Mr.V.G.Vallarasu Chezhiyan For Respondents : Mr.B.Saravanan, Additional Government Pleader 1/5

ORDER

The petitioner, based on a continuous and long possession, has sought for issuance of patta and in this regard, he has made a representation on 05.08.2024.

2. I have heard Mr.V.G.Vallarau Chezhiyan, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.

3. The learned Additional Government Pleader appearing for the respondents would submit that the lands are classified as Anaadeenam lands and hence, the ultimate decision regarding issuance of patta will have to be taken by the Commissioner of Land Administration after receiving reports from the revenue authorities.

4. However, the learned counsel for the petitioner would submit that the second respondent can conduct an enquiry and if the lands are Natham lands, the second respondent can decide the same.

5. In view of the above, the writ petition is disposed of in the following manner:- (i) The second respondent shall conduct an enquiry and give an 2/5

opportunity by way of personal hearing to the petitioners. After conducting due enquiry, if the second respondent finds that the subject lands are Natham lands, then the second respondent shall forward a report to District Revenue Officer, Thanjavur, within a period of twelve weeks from the date of receipt of a copy of this order. Thereafter, the District Revenue Officer shall consider the petitioners' request for issuance of patta taking into account the report of the Tahsildar and pass final orders, within a period of eight weeks thereafter. (ii) In the event of the second respondent finding that the lands are Anaadeenam and not Natham lands, then the second respondent shall forward his report to the Commissioner of Land Administration, Chennai. Thereafter, the Commissioner, Land Administration shall pass final orders taking into account the report of the second respondent regarding the petitioner's entitlement. The said exercise shall be carried out within a period of twelve weeks, thereafter. No costs.

29.04.2025 am Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

3/5

To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Thasildar, Thanjavur Taluk, Thanjavur District.

4/5

P.B.BALAJI , J.

am 29.04.2025 5/5