Singarayar.K.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.M.Singarayar ... Petitioner Vs.

1.The District Collector, Collectorate Office, Theni District, Theni.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

3.Arockiya Xavier ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent not to issue patta in S. No.4/38 and 4/37D at Rayappanpatti Village, Uthamapalayam Taluk, Theni District, based on petitioner's representation dated 25.10.2023 by this Court. 1/4

For Petitioner : Mr.S.Balaji For Respondents : Mr.M.Prakash Additional Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

2.The petitioner apprehends that the second respondent may issue patta in favour of the third respondent in respect of the petition mentioned survey numbers. The case of the petitioner is that the said survey numbers have been classified as "Pathway" and that patta cannot be issued in favour of any private individual. 3.The petitioner's contentions might as well be well founded. But this Court will not be justified anticipating that the second respondent will act contrary to law.

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4.I am sure that since the petitioner has already given a representation, it will be taken note of by the second respondent when he considers the application of the third respondent for issuance of patta. 5.With these observations, this writ petition is disposed of. There shall be no order as to costs.

28.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Collectorate Office, Theni District, Theni.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

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G.R.SWAMINATHAN, J.

MGA 28.11.2023 4/4