Jothi, W/O.Kubendran, v. The District Collector

O R D E R [Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.Prabhakaran, learned Senior Counsel for Mr.A.Arul Jenifer, learned counsel for the petitioner and Mr.P.Thilakkumar, learned Government Pleader appearing for the respondents.

¶2The learned counsel for the petitioner submits that the respondents are required to fix reasonable amount for Survey Nos. 239/1 and 239/2 to an extent of 17½ cents of Odaipatti Village, Uthamapalayam Taluk, Theni District. The same has been in possession of Rayarkula Kurumba Gounder Community people since time immemorial. The patta was not issued in their names though the same was continuously occupied by them. Survey No.239/1 is classified as poramboke land and Survey No.239/2 is classified as natham in the revenue records.

¶3The learned counsel appearing for the petitioner further submits that because of the illiteracy of the community people, the patta was not applied for. The 2nd respondent passed an order directing Rayarkula Kurumba Gounder Community to pay a sum of Rs.55,10,892/- to regularise the alleged encroachment by them.

¶4A status report has been filed by the 4th respondent. According to the said status report, one Senthil Kumar had executed a conditional deed in favour of Government for 22 cents of land in S.No. 187/4A in Odaipatti Village if the disputed land is regularised. Therefore, taking into account the said conditional deed, recalculation was done and a sum of Rs.15,91,452/- was calculated by deducting a sum of Rs.45,694/- that is, the amount for the land to be given by the said Senthil Kumar. The resolution was passed bearing Resolution No. 77 of 2022 dated 25.07.2022 by the Town Panchayat giving unilateral no objection for the said change in the classification of the land. The 4th respondent in communication dated 05.08.2022 had sent a letter recommending issuance of patta if the stipulated conditions are followed along with relevant reports and records to the 1st respondent.

¶5The learned Government Pleader submits that the matter is now pending with the Commissioner of Land Administration and some queries were raised earlier.

¶6It is for the authorities to clear the queries raised by the Commissioner. We expect the Commissioner of Land Administration to take a decision on the said proposal expeditiously. The Commissioner shall take decision on the proposal received by him forwarded by the 4th respondent through the 1st respondent expeditiously on its own merits preferably within a period of three months from today.

¶7The Writ Petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed. [S.V.G., C.J.] [P.V.M., J.]

28.08.2023 Index : Yes / No

bala To

¶1The District Collector, Theni, Theni District.

¶2The District Revenue Officer,

¶3The Sub Collector, O/o. Revenue Divisional Office, Uthamapalayam,

¶4The Tahsildar, Uthamapalayam Taluk, THE HONOURABLE CHIEF JUSTICE and P.VADAMALAI , J . bala

28.08.2023 ____________https://www.mhc.tn.gov.in/judis

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2023 CORAM : THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.VADAMALAI and W.M.P(MD)No.44 of 2019 Jothi ... Petitioner -vs- 1. The District Collector, Theni, Theni District. 2. The District Revenue Officer, 3. The Sub Collector, O/o. Revenue Divisional Office, Uthamapalayam, 4. The Tahsildar, Uthamapalayam Taluk, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to fix reasonable amount for survey numbers 239/1 and 239/2 with an extent of 17½ cents of Odaipatti Village, Uthamapalayam Taluk, Theni District, by considering the petitioner's representation dated 27.12.2018. For Petitioner : Mr.Prabhakaran, Senior Counsel for Mr.A.Arul Jenifer For Respondents : Mr.P.Thilakkumar, Government Pleader