Mohana Prasad v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.21370 of 2025 Mohana Prasad ..Petitioner Vs 1.The District Collector, Theni District.
2.The Sub-Collector, Periyakulam, Theni District.
3.The Tahsildar, Theni Taluk, Theni District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue Writ of of Mandamus to direct the respondents more particularly the 3rd respondent to consider the petitioner's application dated 30.05.2025 for grant of Patta for an extent of 2250 sq.feet with specific four boundaries in Survey No.196/1 at Allinagaram Village, Theni Taluk, within a time framed.
For Petitioner : Mr.D.Venkatesh For Respondents : Mrs.K.Malathi Addl. Govt. Pleader 1/5
ORDER
The petitioner seeks a direction to the respondents to consider his application dated 30.05.2025 for grant of patta in respect of the land situated in Survey No.196/1, in Allinagaram Village, Theni Taluk.
2. Heard the arguments of Mr.D.Venkatesh, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, he has been in possession and enjoyment of the subject property for the past 5 years and has been residing thereon by putting up a superstructure. The petitioner submitted an application before the respondents on 30.05.2025 seeking issuance of patta based on his long possession. The said application has not been considered. Hence, the petitioner has come before this court.
4. The learned Additional Government Pleader appearing for the respondents would submit that the subject property is Punjami land, which 2/5
was assigned in favour of one Veeran Mathari on 09.06.2009. According to the respondents, he violated the conditions of the assignment by alienating the property to third parties. Therefore, proceedings for cancellation of the assignment are pending. The petitioner is claiming assignment solely based on his long possession and is not asserting any title over the subject property. In case the land in question is retrieved after cancelling the original assignment, the petitioners' request can be considered by the respondents on its own merits.
5. In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the application of the petitioner dated 30.05.2025 and pass final orders on its own merits within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, and other interested parties. Accordingly, this Writ Petition is disposed of. No costs. 05.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5
To 1.The District Collector, Theni District.
2.The Sub-Collector, Periyakulam, Theni District.
3.The Tahsildar, Theni Taluk, Theni District.
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S.SOUNTHAR, J.
skn Writ Petition(MD)No.21370 of 2025 05.08.2025 5/5