V. Gomathi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.1 & 1 of 2015 W.P(MD)No.566 of 2015: V.Gomathi ... Petitioner Vs.

1.The District Collector, Collector Office,

2.The District Revenue Officer, Trichy District, Trichy.

3.The Tahsildar, Taluk Office, Musiri, Trichy District.

4.The Block Development Officer, Panchayat Union Office,

5.The Inspector of Police, Musiri Police Station,

6.The President, Aaour Panchayat,

7.Paramasivam

8.K.Tharupagaraj

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining the impugned order in Na.Ka.Aa2/11217/2014 dated

06.12.2014 passed by the second respondent and quash the same as illegal, arbitrary and consequently direct the respondents not interfere the petitioner's peaceful possession and enjoyment of the Survey No. 382/9 to the extent of 3 cents of Natham land in Aaour Village, Musiri Taluk, For Petitioner : Mr.S.R.Rajaraman For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 to R.3 & R.5 Mr.T.S.Mohamed Mohideen for R.4 & R.6 No Appearance for R.7 & R.8 W.P(MD)No.567 of 2015: P.Kamalam ... Petitioner Vs.

1.The District Collector, Collector Office,

2.The District Revenue Officer, Trichy District, Trichy.

3.The Tahsildar, Taluk Office, Musiri, Trichy District.

4.The Block Development Officer, Panchayat Union Office,

5.The Inspector of Police, Musiri Police Station,

6.The President, Aaour Panchayat,

7.Paramasivam

8.K.Tharupagaraj

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining the impugned order in Na.Ka.Aa2/11217/2014 dated

06.12.2014 passed by the second respondent and quash the same as illegal, arbitrary and consequently direct the respondents not interfere the petitioner's peaceful possession and enjoyment of the Survey No. 382/10 to the extent of 3 cents of Natham land in Aaour Village, Musiri Taluk, For Petitioner : Mr.S.R.Rajaraman For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 to R.3 & R.5 Mr.T.S.Mohamed Mohideen for R.4 & R.6 No Appearance for R.7 & R.8 COMMON ORDER Heard the learned counsel appearing for the petitioners, the learned Special Government Pleader appearing for the respondents 1 to 3 & 5 and the learned counsel appearing for the respondents 4 & 6.

¶2The grievance of the writ petitioners is that the President of the local body illegally demolished their construction put up in Survey Nos.382/9 and 382/10. The petitioners moved the authorities for issuance of natham patta. The District Revenue Officer, Thiruchirappalli rejected their requests. That led to filing of these writ petitions.

¶3The learned counsel appearing for the petitioners pointed out that Survey Nos. 382/9 and 382/10 have been classified as "Natham" in the revenue record and that therefore the authorities had no jurisdiction over the same. This contention of the learned counsel appearing for the petitioners is well founded. If that be so, the question of the petitioners asking for free house site patta will not arise at all. The petitioners should have moved the authorities for issuance of natham patta. They did not so.

¶4In the impugned order, the District Revenue Officer had cataloged the financial background of the writ petitioners and came to the conclusion that they are not eligible. The petitioners have nowhere contested the factual averments found in the impugned order passed by the District Revenue Officer. I therefore do not have any ground to fault the impugned order. That apart the learned Special Government Pleader as well the learned counsel appearing for the local body point out that the Panchayat building has been put up during the intervening period and overhead tank has also come up.

¶5In these circumstances, they called upon this Court to not to interfere in the matter. Photographs have been produced before me. I do find that a overhead water tank as well as a panchayat building have been constructed. The request of the petitioners is for issuance of free house site patta. Since the District Revenue Officer has come to the conclusion that the petitioners are not eligible therefor, I do not find any ground to interfere.

¶6These writ petitions stand dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

11.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To

1.The District Collector, Collector Office,

2.The District Revenue Officer, Trichy District, Trichy.

3.The Tahsildar, Taluk Office, Musiri, Trichy District.

4.The Block Development Officer, Panchayat Union Office,

5.The Inspector of Police, Musiri Police Station, W.P(MD)Nos.566e&e567eofe2015 G.R.SWAMINATHAN,J. MGA W.P(MD)Nos.566o&o567oofo2015 and W.M.P(MD)Nos.1o&o1oofo2015

11.09.2023