Madras High Court
M.Thyagaraju vs The District Collector on 14 December, 2021
W.P.No.12897 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.12897 of 2021
M.Thyagaraju ... Petitioner
vs.
1.The District Collector,
Krishnagiri District,
Krishnagiri.
2.The Tahsildar,
Hosur Taluk,
Krishnagiri District.
3.The Assistant Settlement Officer,
(South)
Chepauk,
Chennai – 600 005. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the Respondents 2 and 3
herein to issue Patta to the petitioner for his lands measuring 3.29 acres in
S.F.No.708 situate at Mugalur Village, Hosur Taluk, Krishnagiri District
based on the judgment and decree dated 29.07.2005 passed in A.S.No.35 of
2004 on the file of the I Additional District Court, Dharmapuri at Krishnagiri
within a stipulated period.
For Petitioner : Mr.K.Govi Ganesan
For Respondents : Mr.A.M.Ayyadurai
1/6
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W.P.No.12897 of 2021
Government Advocate
ORDER
This writ petition has been filed to issue a Writ of Mandamus,
directing the 2nd and 3rd respondents herein to issue patta to the petitioner for
his lands measuring 3.29 acres in S.F.No.708 situate at Mugalur Village,
Hosur Taluk, Krishnagiri District based on the judgment and decree dated
29.07.2005 passed in A.S.No.35 of 2004 on the file of the I Additional
District Court, Dharmapuri at Krishnagiri within a stipulated period.
2. The case of the petitioner is that the land comprised in
S.F.No.708 ad-measuring 3.29 acres situated at Mugalur Village, Hosur
Taluk, Krishnagiri District, was purchased by the petitioner's father by the
Sale Deed dated 29.03.1969 registered vide Document No.489/1969. In the
year 1997, the 1st and 2nd respondents interfered with the possession and
enjoyment of the subject property and also the petitioner's father filed a suit
in O.S.No.121 of 1997 on the file of the Sub Court, Hosur for declaration of
title and consequential injunction. However, the suit was partly decreed by
the judgment and decree dated 30.09.2003 and in respect of the declaration
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W.P.No.12897 of 2021
prayer was declined.
3. Aggrieved by the same, the petitioner's father preferred appeal
suit in A.S.No.35 of 2004 on the file of the IV Additional District Court,
Dharmapuri at Krishnagiri and the Appellate Court by an order dated
29.07.2005 allowed the appeal suit and decreed the suit as prayed for.
Thereafter, the said property was settled in favour of the petitioner by his
father by the Settlement Deed dated 20.09.2006 and registered vide
Document No.3309 of 2006. Thereafter, the petitioner is in possession and
enjoyment of the said property and applied for patta before the 2 nd
respondent. However, it was not considered and pending till today.
4. On perusal of the counter affidavit dated 27.07.2021 filed by
the 2nd respondent, revealed that the land comprised in S.No.708
ad-measuring 1.33 hectare situated at Mugalur Village is classified as 'Kottai
Parandur Gramanatham' in the Government records. Gramanatham literally
denotes 'Village site'. As per the Government Rules village site lands has to
be allotted to poor houseless people of the village. Further, the petitioner
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W.P.No.12897 of 2021
approached the respondents for issuance of patta only after a lapse of 15
years from the date of judgment and decree dated 29.07.2005 passed in
A.S.No.35 of 2004 on the file of the Ist Additional District Court,
Dharmapuri at Krishnagiri. The 1st and 2nd respondents have no power to
grant patta for an extent of 3.29 acres of Government lands in favour of the
petitioner. Since it is classified as 'Kottai Parandur Gramanatham'.
5. Admittedly, the respondents herein did not prefer any second
appeal as against the judgment and decree dated 29.07.2005 passed in
A.S.No.35 of 2004 on the file of the Ist Additional District Court,
Dharmapuri at Krishnagiri. Though it is classified as 'Kottai Parandur
Gramanatham', on the strength of judgment and decree dated 29.07.2005
passed in A.S.No.35 of 2004 on the file of the Ist Additional District Court,
Dharmapuri at Krishnagiri, the petitioner is entitled for issuance of patta.
6. In view of the above, the respondents are directed to issue patta
to the petitioner in respect of the property comprised in S.F.No.708
ad-measuring 3.29 acres situated at Mugalur Village, Hosur Taluk,
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W.P.No.12897 of 2021
Krishnagiri District, as per the judgment and decree dated 29.07.2005
passed in A.S.No.35 of 2004 on the file of the Ist Additional District Court,
Dharmapuri at Krishnagiri, within a period of eight weeks from the date of
receipt of a copy of this order.
7. With the above direction, the writ petition is disposed of. No
costs.
14.12.2021
Index:Yes/No
Speaking Order: Yes
dm
To
1.The District Collector,
Krishnagiri District,
Krishnagiri.
2.The Tahsildar,
Hosur Taluk,
Krishnagiri District.
3.The Assistant Settlement Officer,
(South)
Chepauk,
Chennai – 600 005.
https://www.mhc.tn.gov.in/judis
W.P.No.12897 of 2021
G.K.ILANTHIRAIYAN, J.
dm
W.P.No.12897 of 2021
14.12.2021
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