ORDER
This petition has been filed for issuance of writ of Mandamus to direct the second respondent to issue patta in respect of property, namely, colony Natham Measuring about 871 square ft. Land and building in Survey No.108/10, situated at Mariyamman Kovil street, Rayarpalaiyam Village, Kallakurichi District based on the petitioner's representation dated 29.03.2021 and 28.02.2022 and issue patta in the name of petitioner.
2. Mr.R.P.Murugan Raja, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing on either side, this petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that the petitioner claimed that he is in occupation of the land and building in Survey No.108/10 measuring an extent of 871 sq.ft. for more than a decade. However, till date, the patta was not issued in favour of him. Hence, he made a representation dated 29.03.2021 before the second respondent/Tahsildar for issuance of patta.
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Since, there was no response, he made another representation dated 28.02.2022 to the first respondent. But, so far, his representations were not considered by the respondents. Hence, the petitioner has filed this writ petition.
4. The learned counsel appearing for the petitioner submitted that the Survey No.108/10 is classified as "Natham", in which, the petitioner is entitled to an assignment patta. Though the petitioner has made several representations before the respondents, the same were not considered by them. However, it would suffice, if this Court issues direction to the respondents to consider the representations of the petitioner dated 20.03.2021 and 28.02.2022 and to pass appropriate orders, within a stipulated time frame as fixed by this Court.
5. The learned Government Advocate appearing for the respondents submitted that the Survey No.108/10 is classified as "Pattai Poramboke", which belonging to a community and cannot be alienated to any of the individuals. Hence, he prayed for dismissal of this Writ Petition.
6. This Court has carefully considered the rival submissions and
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also perused the materials placed before it.
7. The facts in the present case are not in dispute. The petitioner claims that he is in occupation of the land and building in Survey No.108/10. However, on perusal of the Revenue records it revealed that the Survey No.108/10 is classified as "Pattai Poramboke", which means that it should be used by the public as a pathway and patta for the said land cannot be granted in favour of any of the individuals. Therefore, the petitioner is not entitled to claim patta in the said land. Hence, the prayer sought for by the petitioner cannot be granted. Accordingly, the writ petition is dismissed. No costs.
01.07.2022
Index : Yes/No Internet : Yes/No rsi
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To 1.The District Collector, Kallakurichi District, Pin code - 606 202. 2.The Tahsildar,
Kallakurichi Taluk Office, Kallakurichi District, Pin code - 606 202. 3.The Head Surveyor, Kallakurichi Taluk Office, Kallakurichi District, Pin code - 606 202.
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M.DHANDAPANI, J.
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01.07.2022
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