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Madras High CourtWP(MD)/19742/2024allowed

Veeran v. The District Collector

2024-08-20Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD).No.19742 of 2024 Veeran .. Petitioner Vs.

1.The District Collector, District Collector Campus, Madurai-625 020.

2.The Tahsildar, Melur, Madurai.

3.The Village Administrative Officer, Soorakkundu Village, Melur Taluk, Madurai.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondent to issue patta to the petitioner in respect of Government Waste Land in which his house is situated at 1/407, Soorakkundu Village, Melur Taluk, Madurai, in Survey No.149, vide the representations, dated 24.05.2022, Oct 2022, Dec 2023 and 09.08.2024.

For Petitioner :

Mr.J.Imran Khan For Respondents :

Mr.D.S.Neduncheziyan Government Advocate

ORDER

A mandamus is sought for a direction to the respondents 1 and 2 to issue patta in respect of the Government waste land in which the petitioner has been in occupation for several decades.

2. It is the contention of the petitioner that he is living in the said property. They belong to the marginalised section of the society and have been living in the property by putting up a house. However, they have not been granted patta and therefore, they had made a representation to the respondents to consider the same and issue them with a patta.

3. The learned Government Advocate would submit that the lands are classified as waterbody and patta cannot be granted.

4. Considering the fact that the petitioner has been permitted to reside in the said property by putting up construction, a direction is issued to the respondents to consider the representation of the petitioner, dated 09.08.2024 and pass orders on merits following due process of law, after affording an opportunity of personal hearing to the petitioner. The said exercise shall be completed within a period of six(6) weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition stands allowed. No costs.

20.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, District Collector Campus, Madurai-625 020.

2.The Tahsildar, Melur, Madurai.

3.The Village Administrative Officer, Soorakkundu Village, Melur Taluk, Madurai.

P.T.ASHA, J.

gbg 20.08.2024