This petition sought direction to remove patta granted by the 2nd respondent and issue one to petitioner residents instead. The Court found no irregularity as the allotment was compensatory and petitioners were ineligible for the scheme.
Writ petition dismissed. No order as to costs. Connected miscellaneous petition closed.
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.
W.P.(MD)No.20892 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.20892 of 2024 and
W.M.P.(MD)No.17696 of 2024
1.M.Muthuvel
2.N.Soundrapandi ... Petitioners
-vs1.The District Collector, District Collector Office, Madurai-625 020.
2.The Revenue Divisional Officer, Melur camp at TVS Chakkara Near, Chittampatti, Madurai District.
3.The Tahsildar, East Taluk Office, Othakadai, Madurai-625 107. ...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to direct the 2nd respondent to consider petitioner's petition on 21.06.2024, seeking to cancel the free anubandham pattas in ROC No.311/2024/C2 dated 28.02.2024 on the basis of fake list sent by Nadukattan and direct the respondents to conduct a fair and proper enquiry and issue free anubadham pattas to real poor persons and real residents of Sakkimangalam 2nd bit village within a time frame that may be fixed by this Court.
Page 1 of 4
W.P.(MD)No.20892 of 2024
For Petitioner : Mr.S.Raja Mohamed,
For Respondents : Mr.P.Thilak Kumar, Government Pleader
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
Pursuant to our order dated 02.09.2024, the Tahsildar, Madurai East, has
filed an affidavit stating out the reasons as to why one family was favoured with four free house site pattas in the same area. The temporary patta was granted in the year 2001. The said land was divided into two and two different pattas were granted in favour of the father and the daughter in 2022. Subsequently, when the remaining land was sought to be divided into small plots for the purposes of grant of free house site patta. It was found that one Ramachandran, son of one of the allottees under the old scheme, had put up construction in the grama natham land. Since the construction was in grama natham land, it could not to be treated as an encroachment. The construction affected the allignment of the area, therefore, in order to compensate him, apart from allotting the place, which was in his occupation, to him an extent of about 1 ½ cents was allotted in a different place in favour of his mother. This was done only as a compensatory measure to provide passage for the other occupants of the layout.
Page 2 of 4
W.P.(MD)No.20892 of 2024
[R.S.M., J.] [L.V.G., J.]
18.09.2024
NCC : Yes/No Index : Yes/No Internet : Yes Sml
To
1.The District Collector, District Collector Office, Madurai-625 020.
2.The Revenue Divisional Officer, Melur camp at TVS Chakkara Near, Chittampatti, Madurai District.
3.The Tahsildar, East Taluk Office, Othakadai, Madurai-625 107.
Page 3 of 4
W.P.(MD)No.20892 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Sml
W.P.(MD)No.20892 of 2024
18.09.2024
Page 4 of 4
1 issue framed by the court
Whether the allotment of free house site pattas to families existing in the layout was irregular.
1 provisions across 1 enactments
M.Muthuvel and N.Soundrapandi
District Collector
Revenue Divisional Officer
Tahsildar
R.Subramanian
L.Victory Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
