K. Poonkudi, v. The District Collector

ORDER Heard both sides.

¶2The petitioner claims that she is in possession of the petition mentioned land. She wants the authorities to recognise her possession and assign the land to her. This writ petition was filed way back in the year 2015.

¶3When the matter was taken up for final disposal, I wanted to know whether the jurisdictional Tahsildar has disposed of the petitioner's request.

¶4When the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents produced a copy of the order rejecting the petitioner's request. I may tentatively observe that whether the petitioner can be considered as a landless labour will have to be answered in the light of the definition found in RSO 15. It reads as follows: "Landless Persons'' means a person who owns a total extent of less than 1.21.5 hectares of land, if dry, or a total extent of less than 60.5 areas, if wet..." The respondents also cannot claim because the scheme has been closed, the matter has become infructuous. The petitioner filed this writ petition way back in the year 2015. During the relevant time, the scheme of assigning two acres in favour of poor agriculturists was in force. The petitioner's right will have to be determined with reference to the position that prevailed on the date when the writ was filed.

¶5Be that as it may, in as much as rejection order has been passed, the petitioner may question the same in the manner known to law. Granting liberty to the petitioner to challenge the rejection order, this writ petition is disposed of. There shall be no order as to costs.

14.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To

1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Dindigul District, Dindigul.

G.R.SWAMINATHAN, J. MGA

3.The Revenue Divisional Officer, Dindigul, Dindigul District.

4.The Tahsildar, Natham Taluk Office, Natham, Dindigul District.

14.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Poonkudi ... Petitioner Vs 1.The District Collector, Dindigul District, Dindigul. 2.The District Revenue Officer, Dindigul District, Dindigul. 3.The Revenue Divisional Officer, Dindigul, Dindigul District. 4.The Tahsildar, Natham Taluk Office, Natham, Dindigul District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fourth respondent to issue the Possessionery patta in favour of the petitioner in Survey No.143, Linagavadi Village, Natham Taluk, Dindigul District. For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.S.Shanmugavel Additional Government Pleader