← Library
Madras High CourtWP(MD)/25090/2024dismissed

M. Chandra v. The District Collector

2024-10-23Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Chandra .. Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Madurai West, Madurai.

3.The Village Administrative Officer, Madurai South, Ponmeni, Madurai.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent to give appropriate direction to the 2nd respondent to consider the petitioner's representation, dated on 30.09.2024 and consequently grant patta for the petitioner's land as per the Re. Survey No.104, now T.S.No. 109 situated at Ponmeni Village, Madurai South Taluk, Madurai District within time frame fixed by this Court.

For Petitioner :

Mr.K.M.Priscilla Jancy For Respondents :

Mr.D.S.Nedunchezian Government Advocate

ORDER

This writ petition is filed for a mandamus to the 1st respondent to give appropriate direction to the 2nd respondent to consider the petitioner's representation, dated on 30.09.2024 and consequently grant patta for the petitioner's land as per the Re. Survey No.104, now T.S.No. 109 situated at Ponmeni Village, Madurai South Taluk, Madurai District .

2. From the records, it is seen that an encroachment notice has been issued on 13.03.2023 to the petitioner stating that the house that has been constructed itself is an encroachment. At this point in time, the present application for surveying, subdividing and granting patta has been filed by the petitioner. Without submitting her objections to this notice, the petitioner cannot seek to circumvent the order by seeking a survey.

3. Therefore, this Writ Petition stands dismissed. It is open to the petitioner to challenge the encroachment notice issued to her, dated 13.03.2023. No costs.

23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Madurai West, Madurai.

3.The Village Administrative Officer, Madurai South, Ponmeni, Madurai.

P.T.ASHA, J.

gbg 23.10.2024