WP filed for patta under RSO 15. Court held that pending eviction appeal under Land Encroachment Act prevents patta grant. Petition dismissed with liberty to approach authority after finalisation.
Petitioner granted liberty to approach the Authority after finalisation of eviction proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Writ Petition(MD)No.22834 of 2016
Mr.P.Sundarasekaran ... Petitioner Vs. 1.The Secretary to the Government, Department of Revenue, Fort St. George, Chennai – 9. 2.The Commissioner of Land Administration, O/o.the Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai -5. 3.The District Collector, Tuticorin District, Tuticorin. 4.The District Revenue Officer, O/o.the District Revenue Officer, Tuticorin District. 5.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Tiruchendur, Tuticorin District. 6.The Tahsildar, Tiruchendur Taluk, Tuticorin District. 7.The Executive Engineer(PWD/WRO), Thamarabarani Basin Division, Public Works Department, Tirunelveli -2. 8.The Assistant Executive Engineer(PWD/WRO), Lower Thamarabarani Basin Sub-Division, https://hcservices.ecourts.gov.in/hcservices/ Public Works Department, Srivaikundam, Tuticorin District.
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9.The Junior Engineer, PWD/WRO, Thenkal Section, Thenthiruperai, Tiruchendur Taluk,
Tuticorin District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent NO.1 to grant land assignment patta to the petitioner for the property in an extent of 0.75.0 Hectares situated in Survey No.842/1, 843/2, Thirukkalur Village, Tiruchendur Taluk, Tuticorin District in accordance with the RSO 15 of the Revenue Standing Orders within the time period stipulated by this Honourable Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.V.Muruganandham,
Additional Government Pleader
ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
5.Now an order of eviction was passed under Section 6 of the Land Encroachment Act by the Public Works Department on 28.10.2016, an appeal is also pending against that order. In view https://hcservices.ecourts.gov.in/hcservices/ of the same, till the disposal of the appeal, patta cannot be granted in favour of the petitioner.
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Assistant Registrar
/True Copy/
Sub-Assistant Registrar
To
Fort St. George, Chennai – 9.
Ezhilagam, Chepauk, Chennai -5.
O/o.the Revenue Divisional Officer, Tiruchendur, Tuticorin District. 6.The Tahsildar, Tiruchendur Taluk, Tuticorin District.
7.The Executive Engineer(PWD/WRO), Thamarabarani Basin Division, Public Works Department, Tirunelveli -2.
8.The Assistant Executive Engineer(PWD/WRO), Lower Thamarabarani Basin Sub-Division, Public Works Department, Srivaikundam, Tuticorin District.
9.The Junior Engineer, PWD/WRO, Thenkal Section, Thenthiruperai, Tiruchendur Taluk, Tuticorin District. +One cc to The special Government Pleader, SR.No.73705 +One cc to Mr.T.Lajapathi Roy, Advocate, SR.No.73572 pm RL/12C/SKS/RR/12.12.2016
W.P(MD)No.22834 of 2016
28.11.2016
1 issue framed by the court
Whether a writ of mandamus can be issued directing the Revenue authorities to grant a patta while eviction proceedings under the Land Encroachment Act are pending against the petitioner.
Mr. P. Sundarasekaran
The Secretary to the Government, Department of Revenue
The Commissioner of Land Administration
The District Collector, Tuticorin District
The District Revenue Officer, Tuticorin District
The Revenue Divisional Officer, Tiruchendur
V. Bharithdasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
