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Madras High CourtWP/35156/2022disposed of

B.Perumal v. The District Collector

2022-12-28Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.12.2022

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.No.35156 of 2022 B.Perumal .. Petitioner Vs.

1.The District Collector, Collectorate Office, 2.The Revenue Divisional Officer, Tiruvannamalai District, Tiruvannamalai - 606 601.

3.The Thasildar, Thasildar Office, Tiruvannamalai - 606 601.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 02.12.2022 and consequently, direct the 3rd respondent not to issue any patta for any individual in Survey No.1/8 at Allikondampattu Village, Tiruvannamalai District.

For Petitioner .. Mr.S.L.Venkatesan For Respondents .. Ms.V.Yamunadevi, Special Government Pleader

ORDER

This writ petition has been filed in the nature of Mandamus seeking a direction to the respondents particularly, the 3rd respondent / Thasildar, Tiruvannamalai, to consider a representation dated 02.12.2022 given by the petitioner and for a further direction against the said respondent not to issue patta to any individual, with respect to S.No.1/8, Allikondampattu Village, 2.The learned counsel for the petitioner states that the land in the said survey number has been classified as 'Kalam'. If it is classified as 'Kalam', then patta cannot be granted to any individual. That is an issue on fact and can be determined only on the basis of the records available with the 3rd respondent.

3.We are confident that, if the land is classified as 'Kalam', the 3rd respondent would not grant patta to any individual. Let the 3rd respondent examine the representation given by the petitioner, but more importantly examine the revenue records to determine the nature of land and take a considered decision and then pass necessary orders, on or before 28.02.2023. Before passing final orders, let the 3rd respondent also provide an opportunity to the petitioner to be heard. 4.With the above observations, this Writ Petition stands disposed of. No costs.

[CVKJ] [SSJ] 28.12.2022 Index:Yes/No Internet:Yes/No smv 1.The District Collector, Collectorate Office, 2.The Revenue Divisional Officer, Tiruvannamalai District, Tiruvannamalai - 606 601.

3.The Thasildar, Thasildar Office, Tiruvannamalai - 606 601.

C.V.KARTHIKEYAN,J.

AND S.SOUNTHAR,J.

smv W.P.No.35156 of 2022 28.12.2022