Michaelraj.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Michaelraj.M ... Petitioner Vs 1.The District Collector, Ramanathapuram District.

2.The District Revenue Officer, Ramanathapuram District.

3.The Revenue Divisional Officer, Ramanathapuram District.

4.The Tahsildar, Rajasingamangalam, Ramanathapuram District 623 538.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to issue forthwith Patta for the land extending 00020 Sq.Mt in Survey number 216/44, Vallamadai Village at Rajasingamangalam Taluk, Ramanathapuram District in the name of the petitioner.

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For Petitioner : Mr.A.Joseph Jerry For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

This writ petition is filed for a Mandamus to direct the fourth respondent to issue patta to the petitioner for the land in Survey No. 216/44, Vallamadai Village at Rajasingamangalam Taluk, Ramanathapuram District.

2.The learned counsel appearing for the petitioner submits that the petitioner is residing in the above mentioned property for the past 30 years and hence, he has made an application for grant of patta.

3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents submits that the petitioner is an encroacher of the disputed land.The respondents have already initiated action by issuing notice under sections 6 & 7 of the Land Encroachment Act, 1905 and notice has already been served on the petitioner on 03.07.2023. The petitioner without any 2/5

reference to the said notice has filed this writ petition. The learned Special Government Pleader claims that the petitioner has already filed an appeal before the District Collector through his Advocate. 4.Considering the submission made by the learned Special Government Pleader, this writ petition is dismissed with a liberty to the petitioner to raise all his points in the appeal filed by him before the District Collector. The petitioner is also at liberty to challenge the notice issued by the respondents in the manner known to law. No costs.

26.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The District Collector, Ramanathapuram District.

2.The District Revenue Officer, Ramanathapuram District.

3.The Revenue Divisional Officer, Ramanathapuram District.

4.The Tahsildar, Rajasingamangalam, Ramanathapuram District 623 538.

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B.PUGALENDHI, J.

vrn Order made in 26.09.2023 5/5