Madras High CourtWP(MD)/14255/2021disposed of

Vellaiammal.R v. The District Revenue Officer

2021-08-13Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.14255 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2021

CORAM:

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.14255 of 2021 R.Vellaiammal ... Petitioner versus 1.The District Revenue Officer, Pudukottai District, Pudukottai.

2.The Thasildar, Manamelkudi Taluk, Pudukottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 29.03.2021 and to issue patta in her name in respect of the lands in survey No.45/2 of an extent of 0.34.50 Ares in Paanavayal Village, Manamelkudi Taluk, Pudikottai District.

For Petitioner : Mr.M.Karthikeyavenkitachalapathy For Respondents : Mr.R.Baskaran Counsel for State

O R D E R

The petitioner states that she is possession and enjoyment of the property bearing Survey No.45/2 of an extent of 0.34.50 Ares in Paanavayal Village, Manamelkudi Taluk, Pudukottai District.

2. The petitioner states that the aforesaid land is described as a Government Punja land in the revenue records. The petitioner and her ancestors have been in possession thereof for several years. Therefore, the petitioner approached the second respondent and requested for a patta in respect thereof. Such representation dated 04.01.2021 was forwarded to the Commissioner of Land Administration, Chennai, who in turn, forwarded the same to the District Collector, Pudukottai by proceedings dated 22.02.2021. Because no action was taken thereon the petitioner sent a fresh representation on 29.03.2021. Pursuant thereto, the District Revenue Officer, by proceedings dated 30.04.2021, directed the Thasildar to take appropriate action on the petitioner's representation for issuance of patta. The present writ petition is filed in these facts and circumstances.

3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of both the respondents. He submits that the petitioner's https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14255 of 2021 representation may be considered and disposed of on merits.

4. The classification of the land as per the relevant revenue records, the assertion that the petitioner and his family have been in possession of such land for a long period and other relevant aspects would have to be duly considered by the Thasildar in accordance with law.

5. Subject to the above observations and without going into the merits of the matter, the second respondent is directed to consider the petitioner's representation dated 29.03.2021 for issuance of a patta and dispose of the same by a reasoned order within a period of three months from the date of receipt of a copy of this order. Such reasoned order shall be passed after providing a reasonable opportunity to the petitioner and any other person who would be affected by such decision.

6. W.P.(MD).No.14255 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn 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.

To 1.The District Revenue Officer, Pudukottai District, Pudukottai.

2.The Thasildar, Manamelkudi Taluk, Pudukottai District.

+1 CC to M/s.GP ( SR-26364[F] dated 16/08/2021 ) W.P(MD)No.14255 of 2021 13.08.2021 RD(25.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2