Bhuvaneshwari. A v. The Chairperson / Commissioner Of Land Reforms
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25142 of 2022 A.Bhuvaneshwari ... Petitioner Vs 1.The Chairperson/Commissioner of Land Reforms, Bhoodan Yagna Board, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Revenue Officer (Bhoodan), Tirunelveli District, Tirunelveli.
3.The Tahsildar, Taluk Office, Radhapuram Taluk, Tirunelveli 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 the property in S.No.434/1A, admeasuring 2 Acres out of 10 Acres, situated at Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District, based on the petitioner's representation dated 12.09.2022, within the time fixed by this Court. 1/5
For Petitioner : Mr.T.Selvan For Respondents : Ms.K.Christy Theboral Additional Government Pleader
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to issue Patta to her for the property in S.No.434/1A, admeasuring 2 Acres out of 10 Acres, situated at Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District, based on her representation dated 12.09.2022, within a time frame.
2.
Heard Mr.T.Selvan, learned counsel appearing for the petitioner and Ms.K.Christy Theboral, learned Additional Government Pleader, who takes notice for the respondents. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself. 3.
According to the petitioner, the land in S.No.434/1A-10, admeasuring 10 Acres, situated at Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District, belongs to the Bhoodan Board. The petitioner is in possession and enjoyment of 2 Acres in the said land and is cultivating the same for the past 15 years. On 12.09.2022, she gave a representation to the first respondent seeking issuance of Patta for the said land. The same was 2/5
forwarded to the second respondent, who in turn had forwarded the same to the third respondent for taking necessary steps. But, they have not taken any steps to grant Patta in her name. Hence, the petitioner approached this Court by way of filing the present Writ Petition for the relief stated supra. 4.
The learned Additional Government Pleader appearing for the respondents submitted that the claim of the petitioner that she is in possession and enjoyment of the land in S.No.434/1A-10 and is doing agricultural activities is not true. In the ''A'' Register, it has been mentioned that the said land belongs to Bhoodan Board and Patta No.3654 also stands in its name. The Village Administrative Officer also in his report stated that no agricultural activities have taken place in the said land and now, it is in the possession and control of the Revenue Department. Further, there is no endorsement in the Village accounts, regarding payment of tax for the Fasli and other periods and the Revenue Tahsildar submitted that there cannot be any possibility for issuance of Patta for the land in question.
5.
Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents, this Writ Petition is disposed of with a direction to the third respondent to pass 3/5
appropriate orders on the petitioner's representation, dated 12.09.2022, in accordance with law based on the above said facts, within a period of four weeks from the date of receipt of a copy of this order. No costs. 07.11.2022 Index : Yes/No smn2 To 1.The Chairperson/Commissioner of Land Reforms, Bhoodan Yagna Board, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Revenue Officer (Bhoodan), Tirunelveli District, Tirunelveli.
3.The Tahsildar, Taluk Office, Radhapuram Taluk, Tirunelveli District.
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V.BHAVANI SUBBAROYAN, J.
smn2 W.P(MD)No.25142 of 2022 07.11.2022 5/5