Arockiyam @ Arunkumar v. The Commissioner Of Land Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Arockiyam @ Arunkumar ... Petitioner Vs.

1.The Commissioner of Land Administration, Land Administration Department, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Madurai District, Madurai.

3.The District Revenue Officer, Madurai District, Madurai.

4.The Tahsildar, Melur Taluk, Melur, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue patta to the land bearing S.No.489/3 to an extent of 4 hectare land and the land bearing S.No.489/1 to an extent of 8 hectare situated at Thiruvathavur, 1/5

Melur Taluk, Madurai District, assigned to Annai Teresa Trust as per the resolution of the Village Panchayat Thiruvathavur, Melur Taluk, Madurai District, entered into the Village Account of Thiruvathavur, in the name of Annai Teresa Trust based on the petitioners representation dated 12.04.2025 made to the respondents.

For Petitioner : Mr.A.Ramesh For Respondents : Mr.A.Baskaran - for R1 to R4 Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the first respondent to issue patta in the name of the petitioner's Trust in respect of 4 hectares situated in S.No.489/3 and 8 hectares situated in S.No.489/1 in Thiruvathavur, Melur Taluk, Madurai District, by considering the petitioner's representation dated 12.04.2025.

2. The petitioner claims himself as the founder of Annai Teresa Trust. The subject property is classified as Government Punja. The Panchayat of Thiruvathavur passed a resolution in Resolution No.154/1999-2000 and resolution No.38/2001-2002, expressing its no objection for giving the subject land in favour of the Annai Teresa Trust for construction of building for charitable activities. Based on the resolution passed by the Panchayat, the petitioner submitted a representation before the first respondent seeking 2/5

assignment of the land and issue of patta in the name of Annai Teresa Trust. The said representation has not been considered. Hence, the petitioner has come before this Court.

3. Heard both sides. With the consent of both parties, the matter is taken up for final disposal in the admission stage itself.

4. Learned Additional Government Pleader who takes notice for the respondents 1 to 4 would submit that the representation submitted by the petitioner will be considered on its own merits within the time stipulated by this Court.

5. If the subject land is classified as Government Punja land, then it is for the Government to decide whether the property has to be assigned in favour of the petitioner or not and it is not for the Panchayat to decide the said assignment. However, in the case on hand, the Panchayat has already passed resolution giving no objection for use of land by the petitioner. Hence, the first respondent is directed to consider the representation of the petitioner independently, with regard to the entitlement of the above said Trust, for assignment of patta and pass final orders on the representation of the petitioner dated 12.04.2025, on its own merit within a period of sixteen(16) weeks from the date of receipt of a copy of this order.

3/5

6. With the above direction, this Writ Petition is disposed of. No costs. 03.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No pnn To 1.The Commissioner of Land Administration, Land Administration Department, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Madurai District, Madurai. 3.The District Revenue Officer, Madurai District, Madurai.

4.The Tahsildar, Melur Taluk, Melur, Madurai District.

4/5

S.SOUNTHAR, J.

pnn 03.06.2025 5/5