T. Mary, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1, 2 and 3 of 2015 T.Mary ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.District Forest Officer, District Forest Office, 3.The District Revenue Officer, Kanyakumari District, Nagercoil.

4.The Assistant Director, Ex-Service Man Welfare Board, Welfare Officer, Madurai - 16.

4.The Revenue Divisional Officer, Nagercoil Division, District Collector Office Campus, Nagercoil, Kanyakumari District.

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6.The Tahsildar, Thovalai Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings of the 6th respondent in No.Na.Ka.A5/1247/2014 dated 17.06.2014 and to quash the same and consequently, direct the 6th respondent to issue a patta for the petitioner's property in Resurvey No.602 of Gnalam Village, Thovalai Taluk, Kanyakumari District in the name of the petitioner. For Petitioner : Mr.F.Deepak For Respondents : Mr.N.Satheesh Kumar, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner applied for patta in respect of R.S.No.602, Gnalam Village, Thovalai Taluk, Kanyakumari District. The 2/6

petitioner's request was rejected vide order dated 17.06.2014. Challenging the same, the present writ petition came to be filed. 3.The learned counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for. 4.I am not in a position to grant relief as prayed for. As rightly pointed out by the learned Additional Government Pleader, the subject land has been classified as government poramboke and tha;fhy; (water body) in the revenue record, patta cannot be granted in respect of water body. The order impugned in this writ petition is sustained and the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

14.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector, Kanyakumari District, Nagercoil.

2.District Forest Officer, District Forest Office, 3.The District Revenue Officer, Kanyakumari District, Nagercoil.

4.The Assistant Director, Ex-Service Man Welfare Board, Welfare Officer, Madurai - 16.

4.The Revenue Divisional Officer, Nagercoil Division, District Collector Office Campus, Nagercoil, Kanyakumari District.

6.The Tahsildar, Thovalai Taluk, 4/6

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G.R.SWAMINATHAN, J.

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