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Arockiya Doss v. The District Collector

Madras HC21 Feb 2025WP(MD)/4763/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.4763 of 2025; Madras High Court Madurai Bench; Article 226; writ of mandamus; patta; grant of patta; Survey No.177; 0.07 cents; Vadakusethi Village; Vallam; Thanjavur District; District Collector Thanjavur; Tahsildhar Thanjavur; Government Porampoku Salai land classification; Revenue Inspector (Survey Department); positive recommendation; representation dated 07.01.2025; earlier order W.P.(MD)No.19811 of 2021 dated 09.11.2021; personal hearing; final orders within eight weeks; disposed of; no costs.

What did the court decide?

Direction to the second respondent to consider the Revenue Inspector (Survey Department), Thanjavur's report and other supporting documents, afford the petitioner a personal hearing, and pass final orders on merits and in accordance with law within eight weeks; writ petition disposed of with no order as to costs.

Arockiya Doss Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents ought to be directed, by writ of mandamus, to consider and dispose of the petitioner's representation dated 07.01.2025 seeking grant of patta in Survey No.177 to the extent of 0.07 cents at Vadakusethi Village, Vallam, Thanjavur District. +1 more

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Court's answer

The second respondent shall take into consideration the report of the Revenue Inspector (Survey Department), Thanjavur and any other documents filed in support of the petitioner's claim, afford the petitioner an opportunity of personal hearing, and pass final orders on merits and in accordance with law within eight weeks of receipt of a copy of the order.

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Ratio / Principle

Relief was confined to a direction to dispose of the petitioner's pending application for patta; the Court did not itself decide the petitioner's entitlement to patta (including the Government Porampoku Salai classification objection raised by the Government Advocate), leaving that determination to the second respondent's final orders on merits.

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Detailed headnote1 paragraphs

MADURAI BENCH OF MADRAS HIGH COURT (P.B. Balaji, J.) (21.02.2025): Disposed of a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus for grant of patta for 0.07 cents in Survey No.177, Vadakusethi Village, Vallam, Thanjavur District, by considering the petitioner's representation dated 07.01.2025. The petitioner had earlier obtained an order dated 09.11.2021 in W.P.(MD)No.19811 of 2021 directing him to apply for patta; on enquiry, the Revenue Inspector (Survey Department), Thanjavur gave a positive recommendation, but the Tahsildhar did not issue patta. The learned Government Advocate stated on instructions that the lands were classified as Government Porampoku Salai, disentitling the petitioner. The Court, however, confined itself to directing the Tahsildhar to consider the Revenue Inspector's report and other supporting documents, afford the petitioner a personal hearing, and pass final orders on merits and in accordance with law within eight weeks, leaving entitlement open. No order as to costs.

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W.P.(MD)No.4763 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 21.02.2025

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CORAM:

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THE HONOURABLE MR JUSTICE P.B. BALAJI

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W.P.(MD)No.4763 of 2025

Arockiya Doss

... Petitioner

/Vs./

The District Collector Thanjavur, Thanjavur District.

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The Tahsildhar Thanjavur, Thanjavur District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to grant patta in Survey No.177 to the extent of 0.07 cents, in his name, situated at Vadakusethi Village, Vallam, Thanjavur District by considering the representation dated 07.01.2025.

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For Petitioner : Mr.C.Suresh Kannan

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For Respondents : Mrs.S.Jeyapriya, Government Advocate.

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

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W.P.(MD)No.4763 of 2025

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ORDER

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The petitioner has filed the instant Writ Petition seeking issuance of a Writ of Mandamus to direct the respondents to consider his representation dated 07.01.2025 for issuance of patta in Survey No.177, land measuring 0.07 cents, situated at Vadakusethi Village, Vallam, Thanjavur District.

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2. The grievance of the petitioner is that he earlier moved this Court in W.P.(MD)No.19811 of 2021 and by order dated 09.11.2021, the petitioner was directed to file an application for issuance of patta. In complaiance with the order of this Court, the petitioner also made an application and thereafter, enquiry was conducted and positive recommendation was issued by the Revenue Inspector (Survey Department), Thanjavur, entitling the petitioner to patta. The grievance of the petitioner is that despite receipt of such report, the second respondent has not issued patta to the petitioner.

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3. The learned Government Advocate, appearing for the respondents, on instructions, would submit that the subject lands are

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

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W.P.(MD)No.4763 of 2025

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classified as Government Porampoku Salai and therefore, the petitioner may not be entitled to patta.

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4. However, the petitioner seeks only a direction to dispose of his pending application for patta. The second respondent shall take into consideration the report of the Revenue Inspector (Survey Department), Thanjavur and any other documents that may be filed in support of the petitioner's claim and after affording an opportunity of personal hearing to the petitioner, the second respondent shall pass final orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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5 . With the above direction, this Writ Petition is disposed of.

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There shall be no order as to costs.

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Index : Yes / No 21.02.2025 NCC : Yes / No

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vsm

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