Kamalam.S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21988 of 2022 S.Kamalam ..Petitioner Vs 1.The District Collector, Nagarcoil, Kanyakumari District.
2.The Tahsildar, Agasteeswaram Taluk, at Nagercoil, Kanyakumari District.
3.The Village Administrative Officer, Anjugramam, Kanyakumari District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to give patta to the Petitioner's land situated in S.No.740/5, to an extent of 3 cents in Anjugramam Village, Agasteeswaram Taluk, Kanyakumari District as per G.O.(Ms)No.480, Revenue and Disaster Management Department, dated 11.09.2020 based on the Petitioner's representation, dated 11.6.2022.
For Petitioner :Mr.Saravanakumar For Respondents :Mr.D.Sadiq Raja 1 to 3 Addl.Govt.Pleader
ORDER
This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 to give patta to the Petitioner's land situated in S.No.740/5, to an extent of 3 cents in Anjugramam Village, Agasteeswaram Taluk, Kanyakumari District as per G.O.(Ms)No.480, Revenue and Disaster Management Department, dated 11.09.2020 based on the Petitioner's representation, dated 11.6.2022. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The case of the Petitioner is a landless person and is in possession and enjoyment of the property as above mentioned by way of unregistered sale deed, dated 2.6.1986, however, the Petitioner's vendor is in possession of the same by hereditary and had constructed a small house and house-tax also issued in his favour. Since the above said land is classified as 'Arasu Theervai land' in the revenue records, the Petitioner is unable to register the same.The Petitioner is in possession of the said land for about 36 years and the second respondent had issued a Possession Certificate enabling the Petitioner to get patta under the scheme of landless poor. Though the Petitioner has given representation many times, last of which is on 11.6.2022 to the first respondent for issuing patta to the above said land,as per G.O.(Ms)No.480, Revenue and
Disaster Management Department, dated 11.09.2020 . Since there is no response from the first respondent, the petitioner has come to this Court with the above Writ Petition for the relief stated supra. 4.The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the respondents above mentioned are not the competent authorities to consider the grievance of the Petitioner and the Commissioner of Land Administration, Chepauk, Chennai is the competent authority to consider the same.
5.In view of the above submission, the Petitioner is directed to approach the competent authority/The Commissioner of Land Administration, Chepauk,Chennai with fresh representation for redressing her grievances as sought for in the present Writ Petition, if so desired, in the manner known to law.
6.With the above direction, the Writ Petition is disposed of. No costs. 23.09.2022 Index : Yes/No Internet:Yes/No vsn
To 1.The District Collector, Nagarcoil, Kanyakumari District.
2.The Tahsildar, Agasteeswaram Taluk, at Nagercoil, Kanyakumari District.
3.The Village Administrative Officer, Anjugramam, Kanyakumari District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.21988 of 2022 23.09.2022