Malaisamy v. The District Collector

W.P.(MD)No.22001 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.22001 of 2022 W.M.P.(MD) No.16164 of 2022 Malaisamy ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.

3.The Revenue Inspector, Ponnamaravathi Taluk, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice in Na.Ka.No. 1292/2022 dated 05.09.2022 issued by the 3rd respondent and quash the same and consequently direct the respondents to issue patta in favour of the petitioner in Survey No. 670 and 689 with an extent of 44 ares situated at Varpattu Village, Ponnamaravathi Taluk, Pudukkottai District based on his representation dated 22.08.2022. For Petitioner : Mr.M.Ramu For Respondents : Mr.S.P.Maharajan Special Government Pleader * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition, challenging the notice in Na.Ka.No. 1292/2022 dated 05.09.2022, issued by the 3rd respondent and consequently, directing the respondents to issue patta in favour of the petitioner for Survey Nos. 670 and 689, measuring an extent of 44 ares, situated at Varpattu Village, Ponnamaravathi Taluk, Pudukkottai District based on his representation dated 22.08.2022.

https://www.mhc.tn.gov.in/judis 1/2

W.P.(MD)No.22001 of 2022 2.

Heard Mr.M.Ramu, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader, who accepts notice on behalf of the respondents.

3.

Though the petitioner has challenged the notice issued by the 3rd respondent in Na.Ka.No. 1292/2022 dated 05.09.2022, under Section 7 of Tamil Nadu Land Encroachment Act, 1905, on the ground that the representation of the petitioner, seeking patta, is pending before the 2nd respondent and the land is an unobjectionable land, the learned counsel for the petitioner, after arguing for some time, seeks liberty to the petitioner to file reply to the impugned notice.

4.

Granting such liberty, the Writ Petition stands closed with a direction to the third respondent to pass appropriate orders on merits and in accordance with law after considering the reply of the petitioner, to be filed within a period of one week from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(C.O) // True Copy // /10/2022 Sub Assistant Registrar(CS) Sj To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.

3.The Revenue Inspector, Ponnamaravathi Taluk, Pudukkottai District.

+1 CC to M/s.M.RAMU, Advocate ( SR-45542[F] dated 16/09/2022 ) +1 CC to M/s.SPL.GP ( SR-45622[F] dated 19/09/2022 ) W.P(MD)No.22001 of 2022 16.09.2022 SI(03.10.2022) 2P 6C https://www.mhc.tn.gov.in/judis 2/2