Subramanian, S/O.Saminathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Subramanian ... Petitioner Vs 1.The District Collector, Pudukottai.

2.The Tahsildar, Thirumayam Taluk, Pudukottai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st respondent to change the classification of the petitioner's land from Anathinam to Natham Poramboke in SF.No.815/2 of the Kamman Chetti Chathiram Village, Thekathoor Revenue Village, Namunasamudram, Sivapuram Post, Thirumayam Taluk, Pudukkottai District and direct the 2nd respondent to issue the patta for the aforesaid land. For Petitioner : Mr.R.Paranjothi For Respondent : Mr.PT.Thiraviam No.1 Government Advocate 1/4

ORDER

The request of the petitioner to change the classification of the petitioner's land from Anathinam to Natham Poramboke has not been considered by the respondents. Therefore, the petitioner is before this Court.

2.When the writ petition is taken up for hearing, the learned Government Advocate appearing for the respondents on instructions submits that the request of this petitioner has already been rejected by the 2nd respondent Tahsildar in his proceedings in Na.Ka.4045/15/A2, dated 21.04.2015 informing the petitioner that one Vijayakumar S/o.Chellaiah is residing in S.No.815/2 and therefore, the patta cannot be granted to the petitioner. Knowing well that his request has already been rejected by the Tahsildar, the petitioner has filed this writ petition.

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3.The petitioner himself has admitted in the affidavit filed in support of this writ petition that the 2nd respondent has rejected his request vide order dated 21.04.2015. The petitioner instead of challenging the said order, has filed this writ petition for a mandamus.

4.In view of the above, this writ petition is dismissed with liberty to the petitioner to challenge the order of the 2nd respondent dated 21.04.2015. No costs.

08.06.2023 Internet : Yes / No To 1.The District Collector, Pudukottai.

2.The Tahsildar, Thirumayam Taluk, Pudukottai.

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B.PUGALENDHI, J.

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