Writ petitions by P. Selvaraj and Veerammal challenging an order denying patta for a disputed site. The court dismissed the petitions due to non-appearance by petitioners and reliance on the respondent's submission that the land is a public pathway.
Writ petitions dismissed. No costs. Consequential connected miscellaneous petitions also dismissed.
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.
WP(MD)Nos.12027 and 12028 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)Nos.12027 and 12028 of 2014 and
WMP(MD)Nos.1,1,2 and 2 of 2014
P.Selvaraj ... Petitioner in WP(MD)No.12027 of 2014 Veerammal ...Petitioner in WP(MD)No.12028 of 2014
Vs
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PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the 3rd respondent in Na.Ka.No.A1/3356/2013, dated 27.02.2014 and quash the same and consequently to direct the respondents to issue patta in favour of the petitioner's name for occupied house site in Survey No.821-F, Aravakuruchi Town Panchayat, Karur District as per GO.Ms.no.854 Revenue Department, dated 30.12.2006 and consequential GO.Ms.No.142 Revenue Department dated 23.05.2013.
For petitioner : No representation For Respondents : Mr.G.V.Vairam Santhosh, Nos.1 to 3 Additional Government Pleader
ORDER
These writ petitions have been filed challenging the order of the 3rd respondent in Na.Ka.No.A1/3356/2013, dated 27.02.2014 and for a consequential directions to the respondents to issue patta in favour of the petitioner's name in Survey No.821-F, Aravakuruchi Town Panchayat, Karur District as per GO.Ms.no.854 Revenue Department, dated 30.12.2006 and consequential GO.Ms.No.142 Revenue Department dated 23.05.2013.
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2.Since there was no representation for the petitioners
on 15.06.2023 it was directed to be listed under the caption for dismissal today. Despite the matter being listed under the caption for dismissal, there is no representation for the petitioners today.
3.The learned Additional Government Pleader appearing for the respondent submits that the property in dispute is a pathway to reach the Nanganji river and therefore, patta cannot be granted to the petitioners.
4.Considering the submission of the learned Additional Government Pleader and no representation for the petitioner, these writ petitions are dismissed. No costs. Consequently connected miscellaneous petitions are also dismissed.
16.06.2023
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To
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WP(MD)Nos.12027 and 12028 of 2014
B.PUGALENDHI, J.
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WP(MD)Nos.12027 and 12028 of 2014
16.06.2023
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1 issue framed by the court
Whether the writ petitions for direction to issue patta warrants for a disputed property be allowed in the absence of petitioner representation and on the submission that the land is a public pathway.
P. Selvaraj
Veerammal
The Government of Tamil Nadu
The District Collector, Karur District
The Tahsildar, Aravakuruchi Taluk
The Executive Officer, Aravakuruchi Town Panchayat
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
