Petitioner challenged non-issuance of patta for agricultural land in a hill area, claiming long-term possession and cultivation. Respondents relied on land classification and prohibitory GoM to deny patta. Court dismissed the writ petition.
The writ petition is dismissed. No costs awarded.
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W.P.(MD)No.15092 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.(MD)No.15092 of 2020
R.Marimuthu
.. Petitioner
Versus
3.The Tahsildar, Dindigul West Taluk, Dindigul. .. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents particularly 1st respondent to issue a patta or enjoyment patta or cultivating tenant patta or as a enjoyment holder to be impressed in the Revenue Records in the petitioner's name in connection with the property is situated in Survey No.1223/1 and 1223/3 about 6 acres in Kambilyambarai Village, Sirumalai Hills, Dindigul and consider the petitioner's representation dated 28.09.2020.
For Petitioner : Mr.S.Siva Kumar For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader
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ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to consider the representation made by the petitioner on 28.09.2020 and to issue Patta with respect to the subject properties.
2. The case of the petitioner is that he is an agricultural coolie and he is carrying on agricultural activities in Survey Nos.1223/1 and 1223/3, measuring an extent of 6 acres, situated at Kambilyambarai Village, Sirumalai Hills, Dindigul District.
3. The petitioner claims that from the year 2008 onwards, he has been in possession and enjoyment of the properties and he is cultivating the lands. Therefore, he made representation on 28.09.2020 to the first respondent, seeking for Patta. Since the same was not considered, the present Writ Petition has been filed before this Court.
4. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the subject properties have been classified in the revenue records as 'Tharisu'. That apart, G.O.(Ms)No.1168, Revenue https://www.mhc.tn.gov.in/judis Department, dated 25.07.1989, has also been issued, which prohibits issuance
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W.P.(MD)No.15092 of 2020
of Patta with respect to the lands in Hill areas. In view of the same, a decision
has been taken not to grant any Patta to the petitioner.
5. In the light of the above submission, the relief sought for by the petitioner cannot be granted by this Court. Accordingly, this Writ Petition stands dismissed. No costs.
NCC : Yes/No 05.10.2023 Index : Yes/No smn2
To
3.The Tahsildar, Dindigul West Taluk, Dindigul.
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W.P.(MD)No.15092 of 2020
N.ANAND VENKATESH, J.
smn2
W.P.(MD) No.15092 of 2020
05.10.2023
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2 issues framed by the court
Whether the court should grant a writ of mandamus directing the collection to issue a patta to the petitioner given the classification of land as 'Tharisu' and prohibitory Government Order for Hill ar
Whether the representation sought by the petitioner merits consideration in light of statutory prohibitions.
1 provisions across 1 enactments
R.Marimuthu
The District Collector, Dindigul District
Revenue Divisional Officer, RDO Office, Dindigul District
The Tahsildar, Dindigul West Taluk
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
