Madras High CourtWP(MD)/15984/2020disposed of

A.B.Saravanan v. The District Collector

2023-10-05Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.15984 of 2020 A.B.Saravanan

...Petitioner

/Vs./ 1.The District Collector, Thenkasi District, Thenkasi.

2.The District Revenue Officer, Thenkasi District, Thenkasi.

3.The Commissioner, Thenkasi Municipality, Thenkasi, Thenkasi District.

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider petitioner's representation dated 28.07.2020 and consequently to issue individual patta in the name of the school situated in Survey No.1003/2, having extent of 0.0465 square meter at Chinthamani, Melagaram Post, Thenkasi, Thenkasi District. For Petitioner : Mr.P.Jeyasankar For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents to consider the representation made by the petitioner on 28.07.2020 and to issue patta in the name of the school with respect to subject property.

2. Heard Mr.P.Jeyasankar, learned counsel for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader for the respondents.

3. The case of the petitioner is that the school namely, Anandha Primary School is being run in the subject property from the year 1943 onwards. The petitioner came into the administration in the year 1995. The petitioner found that the land near which the school is operating has been categorized as government poramboke land. That apart, in the town survey land record, the name of the school has been mentioned. In view of the same, the petitioner made a representation seeking for issuance of patta and since the same was not considered, the present writ petition has been filed before this Court. 2/4

4. The learned Additional Government Pleader on instructions submitted that the second respondent has already conducted an enquiry and a report has also been placed before the first respondent namely District Collector, Thenkasi District.

5. In view of the above development, there shall be a direction to the first respondent to consider the claim made by the petitioner and also the report that has already been submitted by the second respondent and a final order shall be passed within a period of eight weeks from the date of receipt of a copy of this order.

6. This writ petition stands disposed in the above terms. No costs. 05.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 3/4

N.ANAND VENKATESH, J.

sm TO:

1.The District Collector, Thenkasi District, Thenkasi.

2.The District Revenue Officer, Thenkasi District, Thenkasi.

3.The Commissioner, Thenkasi Municipality, Thenkasi, Thenkasi District.

Order made in W.P.(MD)No.15984 of 2020 Dated:

05.10.2023 4/4