Court held that the Writ Petition cannot be entertained without a formal representation for patta grant. Since the petitioner was not in possession and failed to file required representations, the petition was disposed of.
Petitioner directed to make representation to the Collector within four weeks; status quo maintained.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.02.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No. 24873 of 2013
& M.P.No.1 of 2013
& W.M.P.No.1325 of 2017
S.Muttuvanchery
.. Petitioner
Vs.
Perambalur, Perambalur District.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to provide patta to the petitioner allotted land viz., to an extent of 4 ½ acres in Survey No.318, Eraiyur Village, Perambalur District within the time frame that may be fixed by this Court.
For Petitioner : M/s.K.Thilageswaran
For Respondents : Mr.S.Diwakar, Spl.G.P.
O R D E R
The petitioner has filed this Writ Petition praying to direct the respondents to provide patta to the land allotted to the petitioner viz., to an extent of 4 ½ acres in Survey No.318, Eraiyur Village, Perambalur District within the time frame that may be fixed by this Court.
local farmers by way of unregistered legal agreement on collection of lease amount. But there was no cultivation in the aforesaid land for the years between 2013 and 2015. Moreover, the petitioner has not produced any records (viz., revenue records) before this Court, for showing his possession of the land or cultivation in the same. However, the respondent Department also had not produced any document to show that the aforesaid land has been taken by them.
i) The petitioner shall make a representation to the first respondent within a period of four weeks from the date of receipt of a copy of this order.
ii) Thereafter, the first respondent / Collector shall consider the representation and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks. and
iii) Till such time, the status quo as on date, shall be maintained by the parties.
-s/dAssistant Registrar(CSVIII) True Copy Sub-Assistant Registrar pvs
To
+1 cc to the Government Pleader sr 10877
W.P. No. 24873 of 2013 & M.P.No.1 of 2013 & W.M.P.No.1325 of 2017
aa24/03/2017
2 issues framed by the court
Whether the Writ Petition can be entertained in the absence of a representation for grant of patta by the petitioner.
Whether the petitioner is in possession of the allotted land necessitating the issuance of patta.
1 provisions across 1 enactments
S. Muttuvanchery
The District Collector, Perambalur
The Revenue Divisional Officer, Perambalur
The Tahsildar, Vepanthattai Taluk
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
