P.Balakrishnan vs The District Collector
2023 Latest Caselaw 13420 Mad

                                                                            W.A.No.2664 of 2023


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED:   03.10.2023

                                                         CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                          AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                 W.A.No.2664 of 2023

                     P.Balakrishnan                                    ..    Appellant

                                                          Vs.

                     The District Collector
                     Office of the District Collector
                     Cuddalore District.                               ..    Respondent


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the

                     order passed by the learned Single Judge in W.P.No.21204 of 2023

                     dated 19.07.2023.


                                    For the Appellant      : Ms.Rajeni Ramadass

                                    For the Respondent     : Mrs.R.Anitha
                                                             Special Government Pleader



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                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                 W.A.No.2664 of 2023




                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Ms.Rajeni Ramadass, learned counsel for the

appellant and Mrs.R.Anitha, learned Special Government Pleader for

the respondent.

2. The appellant had filed the writ petition seeking directions

against the respondent to issue patta. The writ petition is disposed

of under order dated 19.7.2023. While disposing of the writ

petition, the learned Single Judge observed as under:

“8. In the event of submitting any such application, the eligibility of the petitioners is to be thoroughly scrutinised and their cases should be considered along with all other eligible persons, who all are already waiting for the purpose of securing free house site patta under the welfare scheme.

9. As far as the relief sought for in these writ petitions are concerned, when the petitioners are encroachers in the Government poromboke land,

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https://www.mhc.tn.gov.in/judis W.A.No.2664 of 2023

which is required for the public purposes, then the petitioners are to be evicted and all other encroachments in such Government properties are also to be evicted for the purpose of implementing the public schemes or for the benefit of the public at large.”

3. Learned counsel for the appellant submits that an

application has been filed by the appellant seeking patta. The land

in question is classified as Grama Natham Poramboke. The same is

meant for house site. The appellant is residing for more than two

decades and paying taxes also.

4. Learned Single Judge has already observed that the

eligibility of the appellant is to be thoroughly scrutinised and her

case should be considered along with all other eligible persons, who

all are already waiting for the purpose of securing free house site

patta under the welfare scheme.

5. The respondent may take a decision on the application of

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https://www.mhc.tn.gov.in/judis W.A.No.2664 of 2023

the appellant for issuance of patta, preferably within one month

from today. Depending upon the decision taken by the respondent

on the application of the appellant for issuance of patta, the parties

may take further steps.

The writ appeal is disposed of accordingly. There will be no

order as to costs. Consequently, C.M.P.No.22395 of 2023 is closed.

                                                             (S.V.G., CJ.)            (D.B.C., J.)
                                                                             03.10.2023

                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     kpl



                     To

                     The District Collector

Office of the District Collector Cuddalore District.

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https://www.mhc.tn.gov.in/judis W.A.No.2664 of 2023

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(kpl)

W.A.No.2664 of 2023

03.10.2023

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https://www.mhc.tn.gov.in/judis