Madras High CourtWP(MD)/19799/2024allowed

Velmurugan 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 Velmurugan .. 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 first and second respondents to issue Patta to the petitioner in respect of Government Waste Land in which petitioner's house is situated at 1/519, Soorakkundu Village, Mariyam Mosque Opp., Melur Taluk, Madurai, in Survey No. 147, vide the representations dated 24.05.2022 and 09.08.2024.

For Petitioner :

Mr.J.Imran Khan For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

A mandamus is sought for to issue 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. He belongs to the marginalised section of the society and has been living in the property by putting up a house. However, he has not been granted patta and therefore, he had made a representation to the respondents to consider the same and issue him with a patta.

3. The learned Additional Government Pleader 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 by following due process of law, after affording an opportunity of personal hearing to the petitioner. The said exercise shall be completed before 20.09.2024.

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

6. Post the matter 'for reporting compliance' on 20.09.2024. 20.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, District Collector Campus, Madurai-625 020.

P.T.ASHA, J.

abr 2.The Tahsildar, Melur, Madurai.

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

Dated: 20.08.2024