Mariyappan Vs The District Collector

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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 DATED : 02.09.2021

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CORAM

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THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.18264 of 2021

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Mariyappan ... Petitioner

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Vs.

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1.The District Collector,
 Coimbatore District,
 Coimbatore.

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2.The Sub Collector,
 Pollachi, Coimbatore District. ... Respondents

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Prayer:Writ Petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, to direct
the respondents to consider the petitioner's representation
dated 16.08.2021 seeking for grant of Ayan / F Patta in favour
of the petitioner in respect of land having an extent of 0.96
acres in S.No.565/19, situated at Puravipalayam Village,
Pollachi Taluk, Coimbatore District on the basis of assignment
granted by the 2nd respondent dated 28.09.17.

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 For Petitioner : Mr.B.Nambiselvam

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 For respondents : Mr.Yogesh Kannadasan

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 Government Advocate

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ORDER

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The petitioner has filed a mandamus to direct the
respondents to consider the petitioner's representation dated
16.08.2021 seeking for grant of Ayan / F Patta in favour of the
petitioner in respect of land an extent of 0.96 acres in
S.No.565/19 situated at Puravipalayam Village, Pollachi Taluk,
Coimbatore District on the basis of assignment granted by the
second respondent dated 28.09.17.

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2.The case of the petitioner is that originally the lands
comprised in S.Nos.565/2 and 566/3A2 Puruvipalayam Village,
Pollachi Taluk, Coimbatore District having an extent of 91.07
acres which were declared as surplus in the hands of late
Gopanna Mandradiyar of Puruvipalayam Village under the
provisions of the Tamil Nadu Land Reforms (Fixation of Ceiling

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

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on Land) Act, 1961. In pursuant to the same, the Assistant
Commissioner (Land Reforms), Coimbatore has assigned lands to
various persons by his proceedings dated 27.03.1995. As against
the said assignment, some other persons whose names were not
find place had filed an appeal before the Land Commissioner,
Chennai on the ground that they are also cultivating tenants of
Zamindar from 1969 and as such notice under Section 10(1) of the
Act ought to have been issued to them prior to disposing of the
surplus land under Section 18(1) of the Act.

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3.The petitioner submits that the Land Commissioner, Chennai
in his order dated 14.06.1999, allowed the appeal by setting
aside the order of assignment issued by the Assistant
Commissioner dated 27.03.1995 and was revised the assignment
order by conducting denovo enquiry so that all the cultivating
tenants may be allowed 2.00 acres and rest of the land may be
equally distributed to other eligible persons as per the Rules.

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4.According to the petitioner, as per the allotment order
dated 02.03.2007, the petitioner was granted 0.84 acres of land.
Thereafter, by proceedings dated 28.09.2017, the second
respondent measured and handed over an extent of 0.976 acres of
land to the petitioner and other respective allottees and they
were also called upon to take the respective 'F' patta which is
available on payment of necessary land value.

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5.According to the petitioner, he approached the second
respondent for making payment towards land value for the land
allotted to the petitioner an extent of 0.976 acres in
S.No.565/19 and the second respondent by his proceedings dated
28.09.2017, executed an assignment deed in petitioner's favour
and assigning the aforesaid land an extent of 0.976 acres in
S.N.565/19.

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6.According to the petitioner, he is in possession and
enjoyment of the above said land. But, till date, the second
respondent has not issued Ayan /F patta in spite of expressing
his willingness to make payment of land value.

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7.According to the petitioner, he has submitted an
application to the respondents for the grant of Ayan / F patta
in the Public Redressal Grievance Day and the same was
acknowledged by the respondent. But, there was no response to
the said application submitted by the petitioner. According to
the petitioner, once again on 16.08.2021, he has submitted
another application to the second respondent through registered
post, but no steps have been taken for issuing Ayan / F patta.

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8.The petitioner has no other alternative remedy except to
approach this Court under Article 226 of the Constitution of
India. Hence, the writ petition filed.

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

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9.The learned Government Advocate submits that the
authority has passed an order dated 02.03.2007 in M.R.4/656/17-
70/E2 in that order, the name of the petitioner viz., Mariyappan
stands in Sl.No.85 – 0.841 for the survey number viz., 566/2
situated at Puravipalayam Village, Pollachi Taluk. The learned
Government Advocate further submits that the petitioner has not
chosen to pay the requisite fee for issuance of Ayan / F patta.

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10.Heard the learned counsel for the petitioner and the
learned Government Advocate appearing for the respondents and
perused the materials available on record.

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11.Whether the petitioner is entitled for grant of Ayan/F
patta on the basis of assignment granted by the second
respondent or not has to be decided only by the appropriate
authorities. Accordingly, considering facts and circumstances
of the case without going into the merits of the matter, the
petitioner is directed to approach the respondents in person
along with the representation dated 16.08.2021 within a period
of two weeks from the date of receipt of a copy of this order.
If any representation is received from the petitioner within the
said period, the respondents shall pass an appropriate order on
merits and in accordance with law on the said representation,
within a period of four months from thereafter and communicate
the same to the petitioner.

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12.With the above directions, this Writ Petition is disposed

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of. No costs.

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Sd/-

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Assistant Registrar (CS-CCC)

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// True Copy //

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Sub Assistant Registrar

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pam

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To

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1.The District Collector,
 Coimbatore District,
 Coimbatore.

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2.The Sub Collector,
 Pollachi, Coimbatore District.

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+1CC to Mr.B.Nambiselvam, Advocate, SR.No. 44057
+1CC to The Government Pleader, SR.No. 44892

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W.P.No.18264 of 2021

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PMK(CO)
B.VC (06/10/2021)

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

Mariyappan v. The District Collector

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Mariyappan v. The District Collector

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