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Madras High CourtWP(MD)/13041/2022dismissed

Vijay .P v. The District Collector

2022-07-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9252 of 2022 P.Vijay ... Petitioner Vs.

1.The District Registrar, Tirunelveli District.

Tirunelveli.

2.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned order in Na.Ka.AA6/409/2022 passed by the 2nd respondent dated 07.06.2022 and quash the same and direct the respondents to issue patta in the name of the petitioner for the property in Survey No.227, to an extent of 4 cents situated at 141, Mela Stree, Keelthonithuram, Marudhur Post, Palayamkottai Taluk, Tirunelveli District.

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For Petitioner : Mr.K.Anand For Respondents : Mr.G.Sivaraja, Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioner questions the impugned order dated 07.06.2022 whereby the Tahsildar, Palayamkottai Taluk had rejected the petitioner's request for issuance of patta.

3.When the matter was taken up for hearing, the learned Government Advocate pointed out that the site in question belongs to the Government and that it has been encroached by the petitioner's father. It appears that proceedings have already been initiated for removal of the encroachment. The petitioner relies on G.O.(Ms) No.318, dated 30.08.2019. Such government orders can only be considered as guidelines to govern the action of revenue authorities. No person can derive any legal right from such government orders. The petitioner cannot demand that he should be issued with patta for the petition 2/4

mentioned site. Therefore, I do not find any ground to interfere with the impugned order and the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12.07.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The District Registrar, Theni District.

2.The Sub Registrar, Theni Taluk, Theni District.

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G.R.SWAMINATHAN, J.

ias 12.07.2022 4/4