Ramar v. The Assistant Commissioner (Land Reforms)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Ramar : Petitioner Vs.

1.The Assistant Commissioner (land Reforms) O/o. Assistant Commissioner, Tirunelveli District 2.The District Collector Collectorate Office, Virudhunagar District.

3.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4.The Tahsildar, Sivakasi, Virudhunagar District.

5.Subbulakshmi : Respondents 1/6

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 4th respondent to issue patta to the petitioner by considering the petitioner's representation dated 09.05.2017 and 17.04.2023 in the light of assignment proceedings No.C2.M.R.IV 100/A/Virudhu dated 31.10.2001 issued by the 1st respondent within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.P.Ponraj For Respondents 1 to 4 : Mr.B.Saravanan Additional Government Pleader For Respondent No.5 : No Appearance

O R D E R

The petitioner being an ex-serviceman was issued with an assignment order assigning lands for an extent of 45 cents in S.No. 185/2 and 40 cents in S.No.696/2B. The said assignment was issued to the petitioner way back in 2001 on 31.10.2001, assigning surplus lands under Section 95 of the Tamil Nadu Land Reforms Act, 1961. 2.The grievance of the petitioner is that despite the assignment, the respondents have not issued patta to the petitioner. The petitioner has therefore, approached the authorities for issuance of patta by making representations on 09.05.2017 and 17.04.2023. 2/6

The petitioner seeks disposal of the said representations, by issuing pattas to the petitioner.

3.Learned Additional Government Pleader would submit that insofar as S.No.185/2, subsequently, there has been subdivisions effected and various persons have been given pattas. Therefore, the Tahsildar may be directed to conduct due enquiry and thereafter, pass orders.

4.In the light of the above, this Writ Petition is disposed of in the following manner:

"The petitioner shall appear before the Tahsildar / fourth respondent along with original documents including original assignment order dated 31.10.2001, for verification of its genuineness. On being satisfied with the genuineness of the assignment order in favour of the writ petitioner, the fourth respondent shall carry out physical inspection and ascertain entitlement of the writ petitioner for issuance of patta. If the lands continue to remain vacant, the petitioner shall be issued with patta, based on the assignment dated 31.10.2001. In the event of the lands being utilised after sub-division and assigned 3/6

to various persons, alternate assignments equivalent to the lands already assigned, shall be considered. The said exercise shall be carried out within a period of eight [8] weeks from the date of receipt of a copy of this order."

There shall be no order as to costs.

04.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Assistant Commissioner (land Reforms) O/o. Assistant Commissioner, Tirunelveli District 2.The District Collector Collectorate Office, Virudhunagar District.

3.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4.The Tahsildar, Sivakasi, Virudhunagar District.

5/6

P.B.BALAJI.

, J.

MR 04.04.2025 6/6