M.Marimuthu, S/O Muniyandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Marimuthu .. Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, The District Collector's Office, 3.The Revenue Divisional Officer, 4.The Thasildar, Madurai North Taluk, 5.The President, Poolampatti Panchayat Union, Chittampatti Post, Madurai North Taluk, Madurai District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to grant patta for the petitioner's house in Survey No.22/4, situated in Kodankkipatti, Valacchikulam Village, Rajakkur Birga, Chittampatti Post, Madurai North Taluk, Madurai on the petitioner's representation to the respondents 1 to 4 dated 15.10.2014.

For Petitioner : Mr.S.Palanivel For Respondents : Mr.B.Bhagawathy, Government Advocate for R1 to R4.

ORDER

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the respondents to grant patta to the petitioner by considering the representation made by the petitioner 1/3

on 15.10.2014.

2. The fourth respondent has filed a counter affidavit in this case. A specific stand has been taken in the counter affidavit to the effect that the subject property has been classified as "assessed waste - wet" in the revenue records. It is further stated that the father of the petitioner was granted 'B' Memo and later he was served notice under Section 7 of the Land Encroachment Act, 1905, for having put up a construction without any permission. According to the fourth respondent, the petitioner was found not eligible for the assignment of land. Thereafter, the respondents have already identified 29 persons for issuing house pattas, as per G.O.Ms.No.854, Revenue Department, dated 30.12.2006.

3. In view of the specific stand taken by the fourth respondent, the relief sought for by the petitioner cannot be granted by this Court. Accordingly, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (A.E.) // True Copy // Sub Assistant Registrar(CS ) vsm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The District Collector, 2.The District Revenue Officer, The District Collector's Office, 3.The Revenue Division Officer, 2/3

4.The Thasildar, Madurai North Taluk, 1CC TO THE SPL GOVT PLEADER SR 16718 GS 04/05/2021 3P/6C 19.04.2021 3/3