Madras High Court
K.Krishnan vs The District Collector on 27 September, 2023
W.P.(MD).No.8084 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.8084 of 2021
K.Krishnan ... Petitioner
Vs.
1.The District Collector,
Madurai District,
Madurai.
2.The Revenue Divisional Officer,
Usilampatti Division,
Madurai District.
3.The Tahsildar,
Usilampatti Taluk,
Madurai District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issuance of Writ of Mandamus, to direct the respondents 1
to 3 herein to issue Patta in favour of the petitioner in respect of the assessed
unassigned dry land comprised in Survey No.124/8, 124/11, situated at
Nadupatti Village, Usilampatti Taluk, Madurai District, which is in possession
and enjoyment of the petitioner, by considering the petitioner's representation
dated 06.01.2021.
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1/5
W.P.(MD).No.8084 of 2021
For Petitioner : Mr.A.Mithun Chakravarthi
For Respondents : Mr.R.Suresh Kumar,
Additional Government Pleader
ORDER
This Writ Petition is filed for Writ of Mandamus, to direct the respondents
1 to 3 herein to issue Patta in favour of the petitioner in respect of the assessed
unassigned dry land comprised in Survey No.124/8, 124/11, by considering the
petitioner's representation dated 06.01.2021.
2. The petitioner is an Ex-Service man and has rendered more than 30
years of service to our nation. After retirement, the petitioner engaged in
agriculture and cultivating the vacant dry land comprised in Survey Nos.124/8,
124/11 situated in Nadupatti Village. The petitioner is claiming patta to the said
land which is classified as “Sarkar Poramboke”.
3. The contention of the petitioner is that he is cultivating the said land
for more than 15 years and as Ex-Service man, the petitioner is claiming patta.
The petitioner is relying on a similar issue passed by this Court in W.P.(MD)No.
14125 of 2010 dated 28.08.2012.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.8084 of 2021
4. The learned Additional Government Pleader submitted that the
respondents had preferred a Writ Appeal against the said order. After hearing
the writ appeal and the same is reserved for judgment. Also submitted that the
petitioner has filed a Civil Suit for the same issue in O.S.No.123 of 2019 on the
file of Usilampatti District Munsif Court and hence the present writ petition is
not maintainable. Infact, the respondents have considered the case of the
petitioner and initiated proceedings to evict the petitioner from the said place.
5. However, the petitioner submitted that he is ready and willing to pay
the cost of the said land.
6. After hearing rival submissions, this Court is of the considered opinion,
the petitioner may be entitled to “B” Memo. However, a positive direction
cannot be issued. If there is any scheme to this effect, the first respondent is
directed to consider and pass orders within a period of eight weeks (8) from the
date of receipt of a copy of this order.
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W.P.(MD).No.8084 of 2021
7. With these observations and directions, this Writ Petition is disposed
of. There shall be no order as to costs.
27.09.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Sml
To
1.The District Collector,
Madurai District,
Madurai.
2.The Revenue Divisional Officer,
Usilampatti Division,
Madurai District.
3.The Tahsildar,
Usilampatti Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.8084 of 2021
S.SRIMATHY, J.
Sml
W.P.(MD).No.8084 of 2021
27.09.2023
https://www.mhc.tn.gov.in/judis
