High Court disposed of a writ petition seeking issuance of mandamus for patta in respect of agricultural land and restraint of quarry-related demands. Directing a fresh representation to the authority, the court ordered consideration within 12 weeks after hearing and did not decide on merits.
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: 07.08.2019
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.No.30138 of 2004
A.Thamba @ Ramakrishnan ..Petitioner
Vs
1.Tahsildar,
Krishnagiri.
2.Ranger,
Krishnagiri Forest,
Krishnagiri District.
3.Warden,
Ranger Office,
Krishnagiri.
4.The Surveyor,
Forest Department,
Krishnagiri. .. Respondents
Payer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, directing the first respondent to issue patta in respect of the agricultural land in Kundarapalli Village belonging to the petitioner in Nos.56, 75, 76, 78 & 349 ad-measuring an extent of 6.20 acres and consequently, restraining the respondents 2 to 4 to pursue their illegal demand.
For Petitioner : Mr.P.R.Balasubramanian
For Respondents : Mr.D.Suriyanarayanan
Additional Government Pleader O R D E R
Heard Mr.P.R.Balasubramanian, the learned counsel for the petitioner, Mr.D.Suryanarayanan, learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
the first respondent to issue patta in respect of his agricultural lands situated at Kundarapalli Village in Survey Nos.56, 75, 76, 78 & 349 ad-measuring an extent of 6.20 acres and consequently, restraining the respondents 2 to 4 to pursue their illegal demand.
3.According to the petitioner, he is a quarry worker. He along with eleven other families are doing quarry operation in Kallukuriki and the said lands are situated in the above survey numbers and they have been enjoying the lands for more than forty years. They also formed an Association in Kallukuriki Village, which was registered under
the Tamil Nadu Societies Registration Act vide Certificate No.249/2002 dated 28.11.2002. The petitioner would allege that the representation given to the authorities for issuance of Patta was not considered and hence, the present writ petition.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ms
To
1.The Tahsildar,
Krishnagiri.
2.The Ranger,
Krishnagiri Forest,
Krishnagiri District.
3.The Warden,
Ranger Office,
Krishnagiri.
4.The Surveyor,
Forest Department,
Krishnagiri.
+1cc to Mr. P.R.Balasubramanian, Advocate, SR.67380
+1cc to the Government Pleader SR.68103
W.P. No.30138 of 2004
RGN(CO)
CB(04/10/2019)
2 issues framed by the court
Whether to issue a writ of mandamus directing the Tahsildar to issue patta for agricultural land claimed by the petitioner.
Whether to restrain respondents from pursuing illegal demand regarding the land and quarry operations.
1 provisions across 1 enactments
A.Thamba @ Ramakrishnan
Tahsildar, Krishnagiri
Ranger, Krishnagiri Forest, Krishnagiri District
Warden, Ranger Office, Krishnagiri
The Surveyor, Forest Department, Krishnagiri
K.Kalynasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
