Sethu Krishnan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.6830 of 2017 and WMP(MD) No.1382 of 2020 Sethu Krishnan ... Petitioner Vs 1.The District Collector, Trichy District.

2.The District Revenue Officer, Trichy District.

3.The Revenue Divisional Officer, Musiri, Trichy District.

4.The Tahsildar, Thottiyam Taluk, Trichy 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 to issue patta in the name of the petitioner in respect of Survey No. 495/4B of Tholurpatti Village, Thottiam Taluk, Trichy District based on the representation of petitioner dated 01.12.2016. 1/6

For Petitioner : Mr.N.Sudhagar Nagarraj For Respondents : Mr.J.K.Jeyaselan Government Advocate

O R D E R

The petitioner claims that he is the owner of the land in S.No.495/4 to an extent of 0.83 cents Tholurpatti Village, Thottiam Taluk, Trichy District. According to the learned counsel for the petitioner, a portion of the land was acquired by the Government and the land has been subdivided as 495/4A & 495/4B. The petitioner claims that he has already filed a writ petition in W.P.No. 1896 of 1980 as against the acquisition proceedings and the same has been quashed by the Principal Seat of this Court by order dated 09.09.1981. According to the learned counsel, though the petitioner is in possession of the patta for the land in S.No.495/4A, the respondents have not granted patta for the land in S.No.495/4B. Hence this petition.

2.Though the petitioner has mainly relied on the order 2/6

passed by the Principal Seat of this Court in W.P.No.1896 of 1980, he has not produced the above order copy in order to substantiate his case.

3.In view of the above, this writ petition is disposed of with the following directions:

i. The petitioner is directed to submit a fresh application along with the document if any in support of his case before the Tahsildar within a period of two weeks from the date of receipt of a copy of this order.

ii. On receipt of such application, the Tahsildar shall ascertain whether the land acquisition proceedings for the land in S.No.495/4B has been quashed by this Court and then take a decision for the grant of patta for the land in Survey No. 495/4B of Tholurpatti Village, Thottiam Taluk, Trichy District.

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iii.In the event, if any corrections have been made during the UDR survey, the Tahsildar shall refer the matter for adjudication before the District Revenue Officer, as per G.O Ms.No.385, Revenue Department, dated 17.08.2004 within a period of six weeks from the date of receipt of a copy of this order.

iv. The District Revenue officer concerned shall consider the application and dispose of the same within a period of six months from thereon.

No costs. Consequently, connected Miscellaneous Petition is closed. 05.10.2023 NCC: Yes/No Index:Yes/No Internet:Yes vrn 4/6

To 1.The District Collector, Trichy District.

2.The District Revenue Officer, Trichy District.

3.The Revenue Divisional Officer, Musiri, Trichy District.

4.The Tahsildar, Thottiyam Taluk, Trichy District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.6830 of 2017 and WMP(MD) No.1382 of 2020 05.10.2023 6/6