Disposed

S.Ramesh v. the District Collector

Madras HC2 Mar 2015WP/7252/2014

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking issuance of patta. It held that the issue of land classification and continuous possession cannot be decided via writ. Liberty was granted to approach the Tahsildar to satisfy authorities regarding entitlement.

What did the court decide?

Liberty granted to petitioner to appear before the Tahsildar to satisfy authorities regarding entitlement, requiring appropriate orders within three months.

S.Ramesh Vs the District Collector — Land Acquisition | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 02.03.2015

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CORAM

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THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM

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W.P. No.7252 of 2014

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S.Ramesh ... Petitioner

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Vs.
1. The District Collector
Thiruvallur District.
2. The District Revenue Officer
Thiruvallur District.
3. The Revenue Divisional Officer
Thiruvallur District.
4. The Tahsildar
Thiruvallur District. ... Respondents

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PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the respondents to consider the petitioner's various representations dated 20.01.2014 and 28.02.2014, in so far as , in the said representations, the petitioner had sought for issuance of pata to his property situated at Arunthathipuram, Keelacherry Village & Post, Thiruvallur District 631402, comprised in Survey No.297, measuring to an extent of 3 cents.

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For Petitioner : Mr.S.Baskaran

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For Respondents : Mr.V.Jaya Prakash Narayanan Special Government Pleader O R D E R

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By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

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https://hcservices.ecourts.gov.in/hcservices/

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2.Heard Mr.S.Baskaran, learned Counsel appearing for the petitioner and Mr.V.Jaya Prakash Narayanan, learned Special Government Pleader appearing for respondents.

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3.The petitioner seeks for issuance of writ of mandamus to direct the respondents to consider his representations dated 20.01.2014 and 28.02.2014, for issuance of pata.

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4.According to the petitioner, the land in question is a 'grama natham', he is in possession of the same for more than twenty years and inspite of his repeated requests, patta has not been issued. Therefore, the petitioner now seeks for grant of patta in respect of the land in which according to him has put up small thatched hut.

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5. Firstly, the petitioner has to satisfy that the land is a 'grama natham' and consequently, he should produce the proof to show that he is in continuous possession for several years and this issue cannot be decided in the Writ Petition.

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6.Hence, the relief sought for by the petitioner cannot be granted at this stage. However, liberty is granted to the petitioner to appear before the fourth respondent with all records and satisfy the authorities about his entitlement. On such production and on being satisfied, the fourth respondent shall consider the case of the petitioner and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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The Writ Petition is disposed of accordingly. No costs.

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/true copy/

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Rpa

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https://hcservices.ecourts.gov.in/hcservices/

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The District Collector
Thiruvallur District.
2. The District Revenue Officer
Thiruvallur District.
3. The Revenue Divisional Officer
Thiruvallur District.
4. The Tahsildar
Thiruvallur District.
+1cc to Mr.S.Baskaran, Advocate, S.R.No.11632
+1cc to the Government Pleader, S.R.No.11542
W.P. No. 7252 of 2014
KJI(CO)
CA(09/03/2015)

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https://hcservices.ecourts.gov.in/hcservices/

S.Ramesh v. the District Collector

Case brief

What is this about?

What did the court decide?

S.Ramesh v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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