Madras High Court
S.Subburaj vs The District Collector on 22 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.22597 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.11.2023
CO RAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.22597 of 2021
S.Subburaj ... Petitioner
-vs-
1.The District Collector,
Thoothukudi District, Thoothukudi.
2.The District Revenue Officer,
Thoothukudi District, Thoothukudi.
3.The Revenue Divisional Officer,
Kovilpatti, Thoothukudi District.
4.The Tahsildar,
Ettayapuram, Thoothukudi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents herein to issue Patta
to the petitioner in respect of the land in Survey No.2/2, located at
Nambipuram Village, Ettayapuram Taluk, Thoothukudi District, pursuant to
the petitioner's application, dated 23.09.2019.
For Petitioner : Mr.D.Srinivasaragavan
For Respondents : Mr.A.K.Manikkam
Special Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22597 of 2021
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus,
directing the respondents and particularly, the fourth respondent to deal with
the application submitted by the petitioner on 23.09.2019, wherein the
petitioner has sought for issuance of Patta in his name with respect to the
property in Survey No.2/2, at Nambipuram Village, Ettayapuram Taluk,
Thoothukudi District.
2. Heard the learned counsel appearing on behalf of the petitioner and
the learned Special Government Pleader appearing on behalf of the
respondents.
3. The petitioner is tracing his title from the judgment and decree
passed in O.S.No.47 of 2004 by the learned District Munsif, Vilathikulam,
dated 27.09.2007 and also the Will executed in favour of the father of the
petitioner, dated 13.10.2009, registered as Document No.37 of 2009. The
petitioner is also tracing his title through the registered sale deed, dated
03.08.1960, wherein the property originally belonged to the paternal uncle of
the petitioner.
https://www.mhc.tn.gov.in/judis
4. According to the petitioner, the subject property was wrongly
classified in the UDR as a water body [River Poramboke] and the same
resulted in filing of the suit in O.S.No.47 of 2004, for declaration and
permanent injunction and for other consequential reliefs and a decree was
passed in this suit on 27.09.2007 in favour of the paternal uncle of the
petitioner and it has also become final.
5. The learned Special Government Pleader appearing on behalf of the
respondents submitted that since the subject property has been classified as a
water body, the application submitted by the petitioner was not considered.
6. In the considered view of this Court, there is already a decree
passed, by declaring the title of the paternal uncle of the petitioner and the
official respondents are bound by this decree. In the absence of filing any
appeal, the application submitted by the petitioner for Patta has to be
necessarily considered.
https://www.mhc.tn.gov.in/judis
7. In view of the above, there shall be a direction to the fourth
respondent to deal with the application submitted by the petitioner on
23.09.2019 and pass necessary orders within a period of six weeks from the
date of receipt of a copy of this order. The petitioner is directed to make a
fresh representation to the fourth respondent along with all the relevant
documents and also a copy of this order.
8. This Writ Petition is disposed of with the above direction. No costs.
NCC : Yes/No 22.11.2023
Index : Yes/No
smn2
To
1.The District Collector,
Thoothukudi District, Thoothukudi.
2.The District Revenue Officer,
Thoothukudi District, Thoothukudi.
3.The Revenue Divisional Officer,
Kovilpatti, Thoothukudi District.
4.The Tahsildar,
Ettayapuram, Thoothukudi District.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
smn2
22.11.2023
https://www.mhc.tn.gov.in/judis
