The petitioner sought cost assignment patta for government land claimed as a necessary pathway, citing government orders. The Court dismissed the writ petition, holding that the petitioner's sale deeds contained no recital granting right to use the government land, thus failing to establish any legal right.
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W.P.No.6603 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No. 6603 of 2024 and
W.M.P.No.7329 of 2024
M.Gunasekaran
... Petitioner
versus
... Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
Pg.Nos.1/6
W.P.No.6603 of 2024
to issue a Writ of Mandamus, directing respondents 2 to 4 to send proposal for grant of cost assignment Patta in respect of the Government Punja land in S.No.148/2A and 148/2B to an extent of 50 cents, situated at Athithangal Village, Arcade Taluk, Ranipettai District and consequential direction to the first respondent to order to issue cost assignment patta on the basis of the petitioner's representation dated 03.01.2024 in accordance with G.O.(Ms).No.248, Revenue (LD-I(2)) Department, dated 28.07.2009 and G.O.(Ms).No.60, Revenue (LD III (1) Department, dated 05.02.1999.
For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.T.Arun Kumar Additional Government Pleader
O R D E R
Mr.T.Arun Kumar, learned Additional Government Pleader accepts
notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
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W.P.No.6603 of 2024
Arcade Taluk, Ranipettai District and consequently, direct the first respondent to issue cost assignment Patta based on the petitioner's representation dated 03.01.2024 in accordance with G.O.(Ms).No.248, Revenue (LD-I(2) Department, dated 28.07.2009 and G.O.(Ms).No.60, Revenue (LD III (1) Department, dated 05.02.1999.
W.P.No.6603 of 2024
3 on 03.01.2024, seeking to grant cost assignment Patta to the above Government Punja lands in favour of the petitioner as per G.O.(Ms).No.248, Revenue (LD-I(2)) Department, dated 28.07.2009 and G.O.(Ms).No.60, Revenue (LD III (1)) Department, dated 05.02.1999, after obtaining necessary market value of the land which may be fixed by the Government in accordance with law. Since there was no response from the respondents till date, the present writ petition has been filed.
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W.P.No.6603 of 2024
This writ petition is dismissed, accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
15.03.2024
Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms
To
Pg.Nos.5/6
W.P.No.6603 of 2024
P.VELMURUGAN, J. ms
W.P.No.6603 of 2024
15.03.2024
Pg.Nos.6/6
1 issue framed by the court
Whether the petitioner established a legal right over Government Punja lands claimed as a pathway for access to his agricultural lands.
M.Gunasekaran
The District Collector, O/o.The District Collector, Ranipettai District, Ranipettai
The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Ranipettai, Ranipettai District
The Tahsildar, O/o.The Tahsildar, Arcade Taluk, Ranipettai District
The Village Administrative Officer, Athithangal Village, Arcade Taluk, Ranipettai District
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
