Madras High Court
The District Collector vs K.Ranjitham on 26 July, 2021
W.A.(MD)Nos.1145 to 1151 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.1145 to 1151 of 2020
and
All connected miscellaneous petitions
W.A.(MD)No.1145 of 2020:
1.The District Collector,
Thiruchirappalli.
2.The Revenue Divisional Officer,
Thiruchirappalli District.
3.The Tahsildhar,
Tiruverambur Taluk,
Thiruchirappalli District. : Appellants
Vs.
1.K.Ranjitham
2.K.Sundarasamy
3.K.Thiyagarajan
4.K.Soundararajan
5.R.Tamilselvi : Respondents
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W.A.(MD)Nos.1145 to 1151 of 2020
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act,
praying to set aside the order dated 15.12.2014 passed in W.P.
(MD)No.5443 of 2012.
For Appellants : Mr.A.K.Manickkam
Standing Counsel for Government
For Respondents : Mr.A.Haja Mohideen
COMMON JUDGMENT
*************************
[Common Judgment of the Court was delivered by
T.S.SIVAGNANAM, J.]
With the consent on either side, these Writ Appeals are taken
up for disposal.
2.Heard Mr.A.K.Manickkam, learned Standing Counsel for
Government appearing for the appellants and Mr.A.Haja Mohideen,
learned Counsel appearing for the respondents.
3.These appeals by the District Collector, Thiruchirappalli and
two others are directed against the common order dated
15.12.2014 passed in W.P.(MD)Nos.5443 to 5449 of 2012.
4.The Writ petitioners sought for a direction upon the
respondents to grant patta on the strength of an assignment said to
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W.A.(MD)Nos.1145 to 1151 of 2020
have been issued in their favour in the year 1997. The appellants
have stated that the assignment itself is not a valid document.
Further more, the lands have been allotted to various Government
departments, the details of which are as follows:
Sl.No. Survey No. Extent in Ramarks
Hectares
1. 31010, 11, 59.76.5 Possession and
12, 13, 14 & enjoyment by ELCOT
17
2. 310/26 20.23.5 Police Training School,
Trichy
3. 310/19 18.90.0 Government un-assessed
Tharisu (Kalar Boomi)
4. 310/25 9.26.5 Government un-assessed
Tharisu (Kalar Boomi)
5.Further, Survey No.310/1 of Navalpattu village has been
entered in the Prohibitory Order Book and there are entries in the
same by the District Collector, Thiruchirappalli by proceedings in
Pa.Mu.No.130979/75 dated 31.10.1995. The lands comprised in
composite Survey No.310/1 of Navalpattu village classified as Un-
assessed Punjai Tharisu, admeasuring an extent of 54.67.5 Ares
were allotted to ELCOT for formation of “Information Technology
Park”.
6.In the light of the above, the direction issued for grant of
patta is erroneous. Accordingly, the Writ Appeals are allowed. If
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W.A.(MD)Nos.1145 to 1151 of 2020
according to the respondents / writ petitioners, the assignment
orders are a valid document, it is open to them to establish the
same before the appropriate forum and the Writ Court cannot
examine the said issue and issuance of a positive direction for grant
of patta is wholly erroneous. However, there shall be no order as to
costs. Consequently, connected miscellaneous petitions are closed.
[T.S.S., J.] & [S.A.I., J.]
26.07.2021
Index : Yes / No
Internet: Yes / No
MR
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
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W.A.(MD)Nos.1145 to 1151 of 2020
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
COMMON JUDGMENT MADE IN
W.A.(MD)Nos.1145 to 1151 of 2020
26.07.2021
https://www.mhc.tn.gov.in/judis/
