Madras High Court
C.Kavitha vs The District Collector on 15 November, 2023
W.P. (MD).No.19807 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.11.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P. (MD).No.19807 of 2021
C.Kavitha
... Petitioner
Vs
1. The District Collector,
Office of the District Collector,
Pudukottai.
2. The Revenue Divisional Officer,
Office of the Revenue Divisional Officer, Pudukottai.
3. The Tahsildar,
Office of the Tahsildar, Pudukottai.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Mandamus, directing the 6th
respondent to issue appropriate transport permit, transit pass and dispatch
slip, to the petitioner for transporting the M.Sand, Quarry Dust, from
Tamil Nadu to Kerala State in the light of the petitioner’s representation
dated 30-09-2021.
For Petitioner : Mr. Niranjan S. Kumar
For Respondents : Mr.A.K.Manikkam
Special Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.19807 of 2021
ORDER
This writ petition has been filed for the issue of a writ of
mandamus, directing the third respondent to issue a separate patta in the
name of the petitioner, based on the representation made by the petitioner
on 23.09.2021, within the time frame fixed by this Court.
2.The case of the petitioner is that her father-in-law had
constructed a small house in the subject property and was residing for
more than 50 years. The property was also assessed to property tax and
electricity connection was also given for the property. This property was
classified as a Government porambokku. In the meantime, there was a
threat to the possession and enjoyment to the property. Hence, the father-
in-law of the petitioner had filed a suit in O.S.No.201 of 2015 seeking for
the relief of permanent injunction against the revenue officials and the
suit was decreed ex-parte through Judgment and Decree, dated
20.06.2018. In the meantime, a representation was given by one
Subramanian to the effect that there was an encroachment in the property
and he sought for removal of encroachment. Since the same was not
acted upon, he filed a writ petition before this Court in W.P(MD) No.
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.19807 of 2021
13729 of 2019 and this writ petition was disposed of by order, dated
31.03.2021 by directing the Tahsildar, Block Development Officer,
Pudukottai to carry out the eviction proceedings against the encroachers
by following procedure, in accordance with law within a period of eight
weeks. Pursuant to the same, eviction proceedings were also initiated.
The petitioner along with others also filed a review petition in W.P(MD)
No.13729 of 2019. When the same was pending, the petitioner had given
a representation seeking for issuance of patta in her name, with respect to
the subject property. Since the same was not considered, the present writ
petition was filed before this Court.
3.It is brought to the notice of this Court that subsequent to the
filing of this writ petition, the eviction notice that was issued by the
Block Development Officer, Pudukkottai became the subject matter of
challenge in W.P(MD) No.15908 of 2021 and that this writ petition was
disposed on 16.12.2022 in the following terms:
“5.Considering the fact that the impugned eviction notice
has been issued without issuing any show cause notice to the
petitioner, we direct that the impugned eviction notice dated
31.08.2021 issued by the 2nd respondent shall be treated as show
cause notice.
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.19807 of 2021
6.At this juncture, it is reported that the petitioner died.
Therefore, the legal heirs of the petitioner are permitted to make
an objection / explanation to the show cause notice, dated
31.08.2021, within a period of two weeks from the date of receipt
of a copy of this order. On receipt of such explanation /
objection, the 2nd respondent is directed to consider the same
and pass appropriate orders on merits and in accordance with
law and if there is any encroachment in the place in question, the
same would be removed, after affording sufficient opportunity to
all the parties concerned and by following due process of law. It
is needless to say that since the legal heirs of the petitioner are
not impleaded in this Writ Petition, the 2nd respondent shall
communicate this order to them”.
4.Pursuant to the above order, the representation/explanation
seems to have been given before the concerned Authority and the same is
pending. In this representation, the petitioner has also placed reliance
upon G.O.Ms.No.329 dated 02.07.2020 through which, the petitioner is
also seeking for assignment of the lands in her favour.
5.In the light of the above development, the relief as sought for
in this writ petition cannot be considered by this Court. The petitioner
has already given an explanation before the third respondent and the
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.19807 of 2021
same is pending. It is left open to the third respondent to deal with the
explanation given by the petitioner and take a final decision strictly in
accordance with law, within a period of six weeks from the date of
receipt of copy of this order. The third respondent shall also afford
opportunity to the petitioner before passing final orders.
6.This writ petition is disposed of in the above terms. No
costs.
15.11.2023
NCC : Yes/No
Internet : Yes/No
Index : Yes/No
PNM
To
1. The District Collector,
Office of the District Collector,
Pudukottai.
2. The Revenue Divisional Officer,
Office of the Revenue Divisional Officer, Pudukottai.
3. The Tahsildar,
Office of the Tahsildar, Pudukottai.
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.19807 of 2021
N.ANAND VENKATESH, J.
PNM
ORDER IN
W.P. (MD).No.19807 of 2021
15.11.2023
https://www.mhc.tn.gov.in/judis
