Madras High CourtWP(MD)/14442/2023dismissed

Lakshmi v. The Secretary

2023-06-19Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and WMP(MD)No.12240 of 2023 Lakshmi ... Petitioner Vs

1. The Secretary, Adi Dravidar Welfare Department, Fort St. George, Chennai - 600 009.

2. The Deputy Director, Adi Dravidar Welfare Department, Chepauk, Chennai - 600 009.

3. The District Collector, Karur District, Karur.

4. The Special Tahsildar, Adi Dravidar Welfare Department, Kulithalai, Karur District.

5. The Tahsildar, Manmagalam Taluk, Karur District.

6. The Jamapanthi Officer, Manmangalam Taluk, Karur District.

1/5

7. The Panchayat President, Authoor Panchayat, Manmangalam Taluk, Karur District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 4, 5 and 6 to issue patta and house tax receipt for the petitioner's property based upon the petitioner's representation, dated 08.06.2023 and consequently directing the respondents not to dispose the petitioner in the property in Survey No.866 in Plot No.33 to extent of 3 cents situated Authoor Village, Mangalam Taluk, Karur District. For Petitioner : Mr.S.Gokulraj For Respondents : Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

The Writ Petition has been filed in the nature of a Mandamus, seeking a direction against the respondents 4, 5 and 6 to grant patta and house tax receipt for the property of the petitioner at Survey No.866 in Plot No.33 measuring to an extent of 3 cents situated at Authoor Village, Mangalam Taluk, Karur District. 2/5

2.The learned counsel for the petitioner stated that the land had been assigned to the petitioner on 11.02.2009 by Award No. 1/1999/2000. The petitioner subsequently put up a house in the said plot. Since the respondents have taken steps to cancel the patta, the present writ petition is filed in the nature of mandamus, seeking patta. 3.The learned Special Government Pleader, who appears on behalf of the respondents disputed the stand taken by the petitioner and claimed that the assignment was not done in proper manner and for that steps have been taken to revisit the entire assignment. 4.If any step are to be taken by the respondents, then they must issue notice to the petitioner and proceed in accordance with law. The relief sought to grant patta cannot be issued to the petitioner, since the respondents deny lawful possession of the petitioner herein. 5.With the above reasons, this writ petition stands dismissed with the reiteration that due process of law should be followed by the 3/5

respondents. No costs. Consequently, connected miscellaneous petition is closed.

19.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No PNM To