Dismissed

Keela Alangam Residence v. the District Collector

Madras HC9 Aug 2018WP(MD)/11670/2018

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench, dismissed the writ petition filed by Keela Alangam Residence Association seeking issuance of patta. The court rejected the petition for lack of supporting records regarding tax payments or possession evidence.

What did the court decide?

The writ petition was dismissed with liberty to make individual representations with relevant records of tax payments.

Keela Alangam Residence Vs the District Collector — Service and Employment | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2018

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CORAM : THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

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W.P(MD)No.11670 of 2018 and W.M.P(MD)No.10624 of 2018

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Keela Alangam Residence Association Reg. No.28/2017 Represented through its President R.Annamalai ... Petitioner vs.

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The District Collector, Thanjavur, Thanjavur District.

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The Commissioner, Thanjavur Corporation, Thanjavur.

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The Tahsildar, Thanjavur,Thanjavur Taluk Thanjavur District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to issue patta for survey 717, Keela Alangam, Thanjavur Taluk and Town, Thanjavur District to the residents of Keela Alangam for their respective houses.

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For Petitioner : Mr.R.Rajaraman For Respondents : Mr.V.R.Shanmuganathan, No.R1 and R3 Special Government Pleader, For Respondent No.2 : Mr.N.Dilip Kumar

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O R D E R (Order of the Court was made by T.RAJA, J.)

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This writ petition has been filed by Keela Alangam residents Association bearing Registration No.28/2017 seeking for issuance of a Writ of Mandamus to issue patta for S.No.717 Keela Alangam, Thanjavur Taluk, Thanjavur District to the residents of Keela Alangam for their respective houses.

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2.Learned counsel for the petitioner would submit that the petitioner is the President of Keela Alangam Residents Association https://hcservices.ecourts.gov.in/hcservices/ and their members are residing from 1962 till date. The Commissioner, Thanjavur Corporation, the second respondent herein,

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has also provided all the basic amenities. The object of the petitioner's Association is concerned with the welfare of the residents in S.No.717 Keela Alangam, Thanjavur Taluk and Town, Thanjavur District. Hence, for issuance of patta, the petitioner Association has given a representation on 29.12.2017 to the second respondent and again they repeated the representation on 18.05.2018. However, since there is no response, they have been advised to approach this Court.

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3.When the petitioner claims that several members of the petitioner's Association are part of the Association, who are residing in S.No.717, ironically, the learned counsel for the petitioner has not even explained to us with supporting records, whether any one of them has paid kist or property tax or any payment of tax or electricity charges to show that they are in possession of the land in question for quite some time.

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4.A perusal of the representation also does not throw any light on the issue whether they are eligible and entitled to receive patta. Moreover, the affidavit filed in support of the writ petition is bereft of any particulars, therefore, we are not impressed upon either by the pleadings or the representation made by the petitioner Association, hence, we are unable to answer the prayer in favour of the petitioner.

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5.In view of the above, the writ petition fails and the same is dismissed with liberty to the petitioner to make individual representation with relevant records with regard to the payment of kist or property tax, electricity charges etc. No costs. Consequently connected Miscellaneous petition is also dismissed.

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// True Copy //

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Sub Assistant Registrar(CS-II)

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The District Collector, Thanjavur Thanjavur District.

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The Commissioner, Thanjavur Corporation, Thanjavur.

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The Tahsildar, Thanjavur Thanjavur Taluk

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

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+1cc to Mr.N.Dilip Kumar, Advocate, SR.No.78023 +1cc to Mr.R.Rajaraman, Advocate, SR.No.77763 +1cc to M/s.Special Government Pleader,SR.No. 78177

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W.P(MD)No.11670 of 2018 and W.M.P(MD)No.10624 of 2018 09.08.2018

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KK/RP/SAR-2/01.10.2018/3P-7C

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

Keela Alangam Residence v. the District Collector

Case brief

What is this about?

What did the court decide?

Keela Alangam Residence v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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