Kamalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kamalam ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Sivagangai Taluk, 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 calling for the records relating to the impugned proceeding made in Pa.Mu.Pi.4/20085/2021 dated 17.08.2022 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to issue computerized patta in Survey No.204/1 for an extent of 0.88.5 ares situated at Kanjarangal Village, Kanjrangal Group, Sivagangai Taluk and District. 1/4

For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.D.Sasi Kumar, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner approached the District Collector, Sivagangai for including her name in the computer patta. The applicant sought the said relief on the strength of an assignment deed. The District Collector could have accepted the request or rejected it. But what happened was something worse. The District Collector went to the extent of holding that the assignment orders were liable to be set aside and the land itself was classified as unassessed waste. In other words, the position that obtained before assignment was restored. If the District Collector were to do that, he ought have put the petitioner on notice.

3.In this view of the matter, the impugned order is set aside. The petitioner is permitted to submit a fresh application for issuance of computer patta. It shall be considered on merits and in accordance with law by the first respondent.

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4.The writ petition is allowed on these terms. No costs. 05.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Sivagangai Taluk, Sivagangai District.

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G.R.SWAMINATHAN, J.

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