S.B.S.Barathan Vs The District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to pass appropriate orders for grant patta to the Petitioner for the land in S.No.107/1A24 in Paiyur Ulkadai Pillai Vayal Village, in Sivagangai Taluk, Sivagangai District by cancelling the caption ‘’Held Over’’ in pursuance to the memorandum, dated 13.3.2025, on the file of the second

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W.P(MD)NO.17154 of 2025

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respondent within the time stipulated by this Court.

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For Petitioner : Mr.S.Louis For Respondents : Mr.d.S.Neduncheziah 1 to 3 Govt. Advocate

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O R D E R

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The Petitioner herein seeks a direction to the third respondent to pass appropriate orders for grant patta in favour of Petitioner in respect of the land in S.No.107/1A24 in Paiyur Ulkadai Pillai Vayal Village, in Sivagangai Taluk, Sivagangai District

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2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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3.According to the Petitioner, he purchased 2184 sq.ft of land in the subject survey number by registered sale deed, dated 6.5.1995. When the Petitioner applied for change of patta, the third respondent informed him that property was recorded in the revenue records as ‘Held Over’ land and necessary instructions were awaited from the Assistant Land Scheme Officer, Madurai . Even after a lapse of several years, there was no progress in the request made by the Petitioner. Therefore, the Petitioner

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submitted a fresh representation before the second respondent seeking issuance of patta in his name. The second respondent in his Memorandum, dated 13.3.2025 in Na.Ka.Aa3/7750/2024 directed the third respondent to conduct an enquiry and submit a report. Inspite of the said memorandum,the third respondent has not conducted any enquiry and hence, the petitioner has come before this Court with the present Writ Petition for the relief stated supra.

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4.Mr.D.S.Nedunchezian, learned Government Advocate who appears for the respondents 1 to 3 would submit that in respect of the Held Over lands, only the Government can change the classification and therefore, the respondents cannot consider the request made by the Petitioner.

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5.In view of the same, without expressing any opinion on the merits of the matter, the third respondent is directed to submit his report before the second respondent within a period of four weeks from the date of receipt of a copy of this order. Thereafter the second respondent shall forward the representation of the petitioner along with report of the third respondent and his comments to the competent authority namely, the Government within a further period of 8 weeks thereafter. The competent

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authority shall consider the request of the Petitioner and pass appropriate orders within a further period of 12 weeks thereafter.

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6.With the above directions, the Writ Petition stands

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disposed of. No costs.

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18.07.2025

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NCS : Yes/No Index : Yes / No Internet : Yes / No vsn

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Note :Registry is directed to mark a copy of this order to the Secretary to Government of Tamil Nadu, Revenue Department, Fort St.George, Secretariat, Chennai.

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To

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