S.Gnanasoundari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.11884 of 2016 S.Gnanasoundari ... Petitioner Vs 1.The District Collector, District collector's Office, Tiruchirapalli District, Tiruchirapalli.

2.The Tahsildar, Manapparai Taluk, Tiruchirapalli 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 to the petitioner for 5 cents situated within 1.17.0 hectares of Natham Poramboke land in Survey No.135/2 in Thoppampatti Village, Manapparai Taluk considering the petitioner's 1/5

representation, dated 06.06.2016.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.T.Vilavankothai Additional Government Pleader

O R D E R

This Writ Petition is filed for a Mandamus, directing the respondents to issue patta for the lands in Survey No.135/2 in Thoppampatti Village, Manapparai Taluk to an extent of five cents considering the petitioner's representation, dated 06.06.2016. 2.The petitioner has approached this Court with an application that the petitioner is in possession and enjoyment of the above property for more than 30 years and therefore, necessary patta for the subject property has to be granted in favour of her. 2/5

3.The learned Additional Government Pleader by referring the counter affidavit filed by the Deputy Tahsildar, Manapparai submits that the land in Survey No.135/2 is Natham Poramboke and it is not true that this petitioner is in possession of the land for more than 30 years. After the Assembly Election, the petitioner has put up a shed in the above land with the help of her husband and submitted a representation seeking patta in favour of her. Soon after the submission of this representation, she also filed this writ petition. The respondent has considered the representation of the petitioner and conducted an enquiry, which reveals that the petitioner's husband, namely one Selvaraj obtained a patta in Survey No. 135/2, which was subsequently sub divided as Survey No.135/11 and the petitioner's family constructed a pucca house and now they are residing in it. 4.In view of the subsequent development that the patta has already been granted to the petitioner's husband, namely one Selvaraj, 3/5

in Survey No. 135/2 and the same was sub divided as Survey No. 135/11, wherein the petitioner's family constructed a house, this writ petition is closed as no further order is required. No costs. 24.02.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

vrn To 1.The District Collector, District collector's Office, Tiruchirapalli District, Tiruchirapalli.

2.The Tahsildar, Manapparai Taluk, Tiruchirapalli District.

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B.PUGALENDHI, J.

vrn Order made in W.P.(MD).No.11884 of 2016 24.02.2023 5/5