Chinnaiah C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.Chinnaiah ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul East Taluk, Dindigul District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to issue patta with regard to the property in Survey Nos.16/1 and 18/2 admeasuring 5 Acres siuated at Sirumalai Village, Dindigul East Taluk, Dindigul in petitioner's name by considering the petitioner's representation dated 28.04.2025 within the time limit as fixed by this Court.

For Petitioner : Mr.M.Arun Srivastava For Respondents : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the respondents to issue patta in respect of the property situated in Survey Nos.16/1 and 18/2 measuring 5 Acres, in Sirumalai Village, Dindigul East Taluk, Dindigul by considering his representation dated 26.04.2025. 2.Heard the arguments of Mr.M.Arun Srivastava, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, the subject property is his ancestral property and he has been cultivating the same for several years. The petitioner submitted a representation dated 26.04.2025, seeking issuance of patta for the subject property, before the respondents. The same has not been considered till date. Hence, he has come before this Court.

4. The learned Additional Government Pleader appearing for the respondents, on written instructions, would submit that since the subject property is classified as Government promboke- unassessable tharisumountain, as per G.O(Ms)No.1168, Revenue Department, dated 25.07.1989, the petitioner's request for issuance of patta cannot be positively considered by the respondents.

5.In view of the stand taken by the respondents, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the petitioner dated 26.04.2025 and pass final orders on its own merits, within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. Accordingly, this Writ Petition is disposed of. No costs.

26.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul East Taluk, Dindigul District.

S.SOUNTHAR ,J cp W.P.(MD)No.17312 of 2025 Dated: 26.06.2025