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Madras High CourtWP(MD)/19347/2024disposed of

Mariyammal v. The District Collector

2024-09-12Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA and W.M.P(MD)No.16409 of 2024 Mariyammal ... Petitioner Vs.

1.The District Collector, Thoothokudi District.

2.The Adi-Dravidar Welfare Officer, Adi-Dravidar Welfare Office, Thoothukudi District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thoothukudi District.

4.The Tahsildar, Eral Taluk, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, call for the records pertaining to impugned order in Na.Ka.A1/3655/2024, dated 1/5

05.07.2024 passed by the fourth respondent and quash the same and consequentially directing the respondents to take appropriate steps to issue free house patta in Survey No.169/1B1 at Angamangalam Village, Kurumbur, Eral Taluk, Thoothukudi District in favour of the petitioner in accordance with law within a stipulated time fixed by this Court and to pass such further or other orders as this Court.

For Petitioner : Mr.J.David Ganesan For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The present writ petition has been filed to quash the order, dated 05.07.2024 passed by the fourth respondent and consequently, directing the respondents to take appropriate steps to issue free house patta in Survey No. 169/1B1 at Angamangalam Village, Kurumbur, Eral Taluk, Thoothukudi District in favour of the petitioner in accordance with law.

2. The petitioner has sought for a patta in respect of S.No.161/1B1, which even according to the revenue records is shown as a house site. However, the impugned order proceeds on the footing that the petitioner is 2/5

seeking a patta in respect of S.No.169/1B4, which is admittedly a pathway. Therefore, considering the fact that there has been a total misconception on the part of the fourth respondent, the impugned order is set aside, the matter is remitted back to the fourth respondent to consider the fact that the petitioner is seeking patta in respect of S.No.169/1B1 at Angamangalam Village, Kurumbur, Eral Taluk, Thoothukudi District and pass orders after affording an opportunity to the petitioner to submit his records, within a period of six (6) weeks from the date of receipt of a copy of this order.

3. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

12.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The District Collector, Thoothokudi District.

2.The Adi-Dravidar Welfare Officer, Adi-Dravidar Welfare Office, Thoothukudi District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thoothukudi District.

4.The Tahsildar, Eral Taluk, Thoothukudi District.

4/5

P.T.ASHA , J.

BTR 12.09.2024 5/5