Saroja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.22599 of 2022 and W.M.P.(MD)No.16765 of 2022 Saroja, W/o.Sundarrajan .. Petitioner

Versus

1.The District Collector, Collectorate, Trichy.

2.The Revenue Divisional Officer, Srirangam, Trichy District.

3.The Tahsildar, Taluk Office, Manapparai, Trichy District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to issue Patta in favour of the petitioner in respect of natham land in S.F.No.81/23, situated in Amayapuram Village, Manapparai Taluk, Trichy District, measuring an extent of 31 cents, by considering the petitioner's representation dated 03.06.2022. For Petitioner :

Mr.J.Madhu For Respondents :

Mr.A.Kannan Additional Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, to direct the respondents to issue Patta in her favour in respect of natham land in S.F.No.81/23, situated in Amayapuram Village, Manapparai Taluk, Trichy District, measuring an extent of 31 cents, by considering her representation dated 03.06.2022.

2.According to the petitioner, she is in possession and enjoyment of the Natham land in Survey No.81/23, measuring an extent 31 of cents, situated at Amayapuram Village, Manapparai Taluk, Trichy District, for the past 60 years. She is enjoying the said land by constructing a cattle shed. The revenue authorities have issued Patta to nearby land in her mother's name. While so, due to instigation of some people, who are inimical to her, the third respondent threatened the petitioner and her family members to vacate the premises. Hence, the petitioner made a representation to the respondents herein on 03.06.2022, explaining her enjoyment over the property, to issue Patta. But, till date no action has been taken. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra. 3.The learned Additional Government Pleader appearing for the respondents submitted that S.No.81/23, measuring an extent of 0.47.08 Ares, 2/5

situated at Amayapuram Village, Manapparai Taluk, Trichy District, is a vacant natham land as per Adangal Register. Moreover, in the said survey number, Vinayagar Kovil and Pappathi Amman Kovil are situated. The petitioner's son namely, Rajendran has encroached upon the said property by keeping haystack and also using it as cattle shed. He is also working as a Teacher in the Government Higher Secondary School. The petitioner's husband owns lands in S.No.113/3E, measuring an extent of 0.34.0 Ares and in S.No.112/13B, measuring an extent of 0.44.0 Ares and also owns a house. Further, a notice has also been issued on 04.06.2022 and 12.09.2022 to him through the Revenue Inspector for removing the encroachment. 4.

Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the petitioner to produce all the relevant records to prove her possession and enjoyment of the above said land. The first respondent/District Collector, Trichy, is directed to consider the representation of the petitioner, dated 03.06.2022 and pass appropriate orders after affording an opportunity of hearing whether she is entitled to Patta to the subject property or not.

5.This Writ Petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. 3/5

Index : Yes/No 26.09.2022 To 1.The District Collector, Collectorate, Trichy.

2.The Revenue Divisional Officer, Srirangam, Trichy District.

3.The Tahsildar, Taluk Office, Manapparai, Trichy District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.22599 of 2022 26.09.2022 5/5