Alagarsamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI and W.M.P.(MD)No.19450 of 2019 A.Alagarsamy ... Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The District Revenue Officer, Tirunelveli District, Tirunelveli.

3. The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

4. The Tahsildar, Thiruvenkadam Taluk Office, Tirunelveli District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 09.09.2019 to save the government land in Survey No.1647/9, 1651/3 at Gobalakrishnapuram Village, Sevalkulam Group, Thiruvenkadam Taluk, Tirunelveli District.

For Petitioner : Mr.P.Muthusamy For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.P.Muthusamy, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader, appearing for the respondents. By consent on either side, this writ petition is taken up for final disposal. 1/3

2. This petition has been filed to direct the respondents to consider the representation of the petitioner dated 09.09.2019.

3. The learned Special Government Pleader, appearing for the respondents, on instructions, would submit that free house site patta has been granted only in respect of Survey Nos.1647/9 and 1651/3 at Gobalakrishnapuram Village, Sevalkulam Group, Thiruvenkadam Taluk, Tirunelveli District.

4. The respondents would admit that these two survey numbers are classified as Government property and if it is so, no patta can be granted to any private persons. The respondent would state that few persons are in occupation of the land, but patta will not be granted, because it is a Government land and patta has been granted only in the year 1950.

5. In view of the above, we dispose of this writ petition, by directing the respondents to preserve the lands in Survey No.1647/9 and 1651/3 as the Government property, free from any encroachment and no patta shall be granted to any other person for the said lands.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

4.The Tahsildar, Thiruvenkadam Taluk Office, Tirunelveli District.

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+1 CC to SPL GP ( SR-94887[F] dated 30/10/2019 ) +1 CC to Mr.P.MUTHUSAMY, Advocate ( SR-95222[F] dated 31/10/2019 ) 25.10.2019 ta MK (15.11.2019) 3P 7C 3/3