Allowed

Mayalagan v. The District Collector

Madras HC20 Aug 2024WP(MD)/19741/2024

Case brief

AI extract

What is this about?

Writ petition seeking patta for government waste land occupied by the petitioner. The State opposed citing the land as a waterbody. The Court directed the respondents to consider the petitioner's representation and pass orders on merits after a personal hearing.

What did the court decide?

Direction to respondents to consider representation and pass orders on merits within six weeks after personal hearing.

Mayalagan Vs The District Collector — Landlord and Tenant | Madras HC (2024)

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W.P.(MD) No.19741 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.08.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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W.P.(MD).No.19741 of 2024

Mayalagan

.. Petitioner

Vs.

1.The District Collector, District Collector Campus, Madurai-625 020.

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2.The Tahsildar, Melur, Madurai.

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3.The Village Administrative Officer, Soorakkundu Village, Melur Taluk, Madurai. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1^st and 2^nd respondent to issue patta to the petitioner in respect of Government Waste Land in which his house is situated at 1/580, Soorakkundu Village, Melur Taluk, Madurai, in Survey No.149, vide the representations, dated 24.05.2022, Oct 2022, Dec 2023 and 09.08.2024.

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_________Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.19741 of 2024

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For Petitioner : Mr.J.Imran Khan For Respondents : Mr.P.Thambidurai Government Advocate

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ORDER

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A mandamus is sought for a direction to the respondents 1 and 2 to issue patta in respect of the Government waste land in which the petitioner has been in occupation for several decades.

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It is the contention of the petitioner that he is living in the said property. They belong to the marginalised section of the society and have been living in the property by putting up a house. However, they have not been granted patta and therefore, they had made a representation to the respondents to consider the same and issue them with a patta.

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The learned Government Advocate would submit that the lands

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are classified as waterbody and patta cannot be granted.

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_________Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.19741 of 2024

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Considering the fact that the petitioner has been permitted to

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reside in the said property by putting up construction, a direction is issued to the respondents to consider the representation of the petitioner, dated 09.08.2024 and pass orders on merits following due process of law, after affording an opportunity of personal hearing to the petitioner. The said exercise shall be completed within a period of six(6) weeks from the date of receipt of copy of this order.

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With the above direction, this Writ Petition stands allowed. No

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costs.

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20.08.2024

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NCC : Yes/No Index : Yes/No Internet : Yes gbg To

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1.The District Collector, District Collector Campus, Madurai-625 020.

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2.The Tahsildar, Melur, Madurai.

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3.The Village Administrative Officer, Soorakkundu Village, Melur Taluk, Madurai.

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_________Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.19741 of 2024

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P.T.ASHA, J.

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gbg

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W.P.(MD) No.19741 of 2024

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20.08.2024

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https://www.mhc.tn.gov.in/judis

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_________Page 4 of 4

Mayalagan v. The District Collector

Case brief

What is this about?

What did the court decide?

Mayalagan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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