Lathiba Beevi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Lathiba Beevi

...Petitioner

Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Ramanathapuram.

3.The Tahsildar, Ramanathapuram Taluk, Ramanathapuram.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to grant patta for the property under Survey No. 327/32, Therkutharavi Village, Sakarakottai Group, Ramanathapuram District in the light of the decree passed in O.S.No.27 of 2007, dated 07.08.2009, on the file of the Subordinate Court, Ramanathapuram and in the light of the notification issued by the second respondent in O.Mu.A6/1345/2015, dated 20.10.2015. 1/5

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.M.Siddardhan Additional Government Pleader

O R D E R

The petitioner in the strength of the Judgment and decree, which he has obtained from the District Munsif Court, Ramanathapuram in O.S.No.27 of 2007, dated 07.08.2009 has applied for grant of patta and since his application has not been considered, he approached this Court for a Mandamus, directing the third respondent to grant patta for the property under Survey No. 327/32, Therkutharavi Village, Sakarakottai Group, 2.The learned Additional Government Pleader appearing for the respondents submits that the request of the petitioner is for grant of patta for the land in S.No.327/32 of Therkutharavi Village, Sakarakottai Group, Ramanathapuram District and it has been classified as Sarkar Poramboke. He further submits that it comes under the purview of the Revenue Divisional Officer and therefore, 2/5

the petitioner may be directed to submit a representation to the Revenue Divisional Officer concerned.

3.This Court considered the rival submissions made and also perused the materials placed on record.

4. The petitioner sought for a Mandamus for issuing patta for the subject lands on the strength of the judgment and decree which he has obtained from the Sub Court, Ramanathapuram in O.S.No.27 of 2007, dated 07.08.2009. On the other hand, the respondent took a stand that the subject lands are Government Poramboke and it was classified as lane and it is not feasible to grant patta.

5.If it is not feasible to grant patta, the respondent is directed to file an appeal as against the Judgment and decree passed in O.S.No.27 of 2007, dated 07.08.2009 before the Appellate Court and such exercise shall be completed within a period of six months. 3/5

If the respondent is not intend to file any appeal, then the representation of the petitioner shall be considered in accordance with law within a period of twelve weeks. Accordingly, this writ petition is disposed of. No costs.

14.06.2023 NCC : Yes / No.

Index : Yes / No.

vrn To 1.The District Collector, 2.The Revenue Divisional Officer, Ramanathapuram.

3.The Tahsildar, Ramanathapuram Taluk, Ramanathapuram.

4/5

B.PUGALENDHI, J.

vrn Order made in 14.06.2023 5/5