This writ petition sought a writ of mandamus directing the Thasildar to issue an assignment patta for 2 acres of land. The Court dismissed the petition, holding that the petitioner cannot claim patta for land classified as 'pathway' in revenue records.
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:18.10.2019
Coram:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
Writ Petition No.7837 of 2018
K.Palthai
1.The District Collector, Collectorate Villupuram, Villupuram District.
2.The Thasildar (Jamabandi Officer), Ulundurpettai Taluk, Villupuram District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to consider and dispose the petitioner representation dated 08.06.2016 and issue the assignment patta in favour of the petitioner an extent of 2 acres comprised in survey number 58/7, Thirunarukundram Village, Ulundurpettai Taluk, Villupuram District.
The writ petition is filed to issue a Writ of Mandamus directing the 2nd respondent to consider and dispose the petitioner representation dated 08.06.2016 and issue the assignment patta in favour of the petitioner an extent of 2 acres comprised in survey number 58/7, Thirunarukundram Village, Ulundurpettai Taluk, Villupuram District.
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3.The case of the petitioner is that she is residing at Thirunarukundram Village, Ulundurpettai Taluk and enjoying the property to an extent of 4 acres comprised in S.No.58/7. According to the petitioner, in the said village the said property is under the enjoyment of the petitioner's family for more than 45 years and they are carrying on agriculture activity. Her father allotted two acres of land in favour of the petitioner from out of 4 acres. The land being classified as Tharasu poramboke in the revenue record. B-memo is issued and penalty is collected from her by the Revenue Department. By quite long time she has sought for patta of that land in her favour through representation dated 08.06.2016. Despite the receipt of representation, the 2nd respondent has not passed any order and hence, this present writ petition is filed.
ari
To:
1.The District Collector, Collectorate Villupuram, Villupuram District.
2.The Thasildar (Jamabandi Officer), Ulundurpettai Taluk, Villupuram District.
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W.P.No.7837 of 2018
rsv(co) aa11/11/2019
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2 issues framed by the court
Whether a petitioner is entitled to assignment patta for land classified as pathway.
Whether the High Court should issue a Writ of Mandamus directing the Thasildar to dispose of a rejected representation.
1 provisions across 1 enactments
K.Palthai
The District Collector, Collectorate Villupuram
The Thasildar (Jamabandi Officer), Ulundurpettai Taluk
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
