A.Ramu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.7734 of 2016 A.Ramu ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thiruppuvanam Taluk Office, Thiruppuvanam, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 30.03.2016 in O.Mu.A4/2075/2016 passed by the second respondent and quash the same and consequently direct the second respondent to issue the house site patta with regard to the Ladanethal Group Survey No.192/2, Door No.3/15A, an extent of 0.09.00 sq.metre (60 feet X 20 feet) situated at Varivanethal Village, Thiruppuvanam Taluk, Sivagangai Distrcit. 1/5

For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.P.Thambidurai Government Advocate

ORDER

The present writ petition has been filed challenging an order passed by the second respondent herein, under which the request of the petitioner for grant of patta has been rejected on the ground it is a Government Poramboke.

2. The petitioner has contended that he is in possession for so many years and his request has been erroneously rejected by the second respondent herein.

3. The learned Government Advocate for the second respondent herein produced the proceedings of the Revenue Divisional Officer, Sivagangai, which has been addressed to the second respondent herein on 20.06.2022. Under the said proceedings, the Revenue Divisional Officer, Sivagangai had recommended for reclassifying the land as natham house site and grant assignment in favour of the writ petitioner. 2/5

4. In view of the said recommendation, this Court passes the following order:

(i) The order impugned in the writ petition is set aside.

(ii) The matter is remitted back to the file of the second respondent to follow the proceedings of the Revenue Divisional Officer, Sivagangai, dated 20.06.2022 and pass orders within a period of twelve (12) weeks from the date of receipt of a copy of this order after giving due opportunity to the writ petitioner.

5. With the above said observations, this writ petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. 05.08.2022 Index :

Yes / No Internet :

Yes / No gbg 3/5

To 1.The The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thiruppuvanam Taluk Office, Thiruppuvanam, Sivagangai District.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

05.08.2022 5/5