Case Note & Summary
The petitioner, M.Sellathambi, filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to quash the order passed by the second respondent, the Additional District Collector (Revenue), Thanjavur District, dated 03.03.2023 in proceedings Na.Ka.280462023-U(2), and to direct the respondents to hand over the land measuring 5100 sq.ft situated in S.No.199/2B, Pillaiyarpatti Village (Kailasa Nagar), Thanjavur. The petitioner's case was that he had purchased the property in the year 1982 from one G.Thambidurai, who had formed a layout and obtained layout approval. The petitioner's application for patta was not processed, citing that the land was classified as “Punja Tharisu” land. The petitioner and other interested parties had earlier approached this Court in W.P.No.20141 of 2022 seeking a mandamus to consider their representation dated 20.05.2022 for issuance of patta. By order dated 08.08.2022, this Court directed the District Collector to pass orders on the representation after considering the classification issue. Following this, the second respondent passed the impugned order dated 03.03.2023. The petitioner contended that the impugned order was unsustainable and sought a direction for handover of the land. The respondents 1 to 5 were represented by the Additional Government Pleader. The judgment text provided does not contain the court's analysis or final decision.
Issue of Consideration
Whether the impugned order dated 03.03.2023 passed by the second respondent is liable to be quashed and whether the petitioner is entitled to have the land measuring 5100 sq.ft handed over.
Case Details
2025 LawText (MAD) (03) 251
W.P.(MD)No.3096 of 2024 and W.M.P.(MD)Nos.3067 & 3068 of 2024
Mr.C.Prakasam for M/s.Subash Law Office (for petitioner); Mrs.K.Malathi, Additional Government Pleader (for respondents 1 to 5)
1.The Principal Secretary, Commissioner for Land Administration, Chennai; 2.The Additional District Collector (Revenue), Thanjavur; 3.The District Revenue Officer, Thanjavur; 4.The Tahsildar, Thanjavur; 5.The Sub Registrar, Vallam; 6.The Managing Director, TIDCO, Chennai
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India
Remedy Sought
Writ of certiorarified mandamus to quash the order dated 03.03.2023 and direct handover of land
Filing Reason
The petitioner's application for patta was not processed and the second respondent passed an adverse order
Previous Decisions
In W.P.No.20141 of 2022, by order dated 08.08.2022, the court directed the District Collector to consider the petitioner's representation.
Issues
Whether the impugned order dated 03.03.2023 is valid?
Whether the petitioner is entitled to patta and handover of the land?
Judgment Excerpts
The petitioner has purchased the property in the year 1982 from one G.Thambidurai, who had formed a layout and also got the layout approved.
The application for patta was not processed stating that the land is classified as “Punja Tharisu” land.
This court by an order dated 08.08.2022, directed the District Collector to pass orders on the representation of the petitioner after considering whether the classification of the land is correct or not.
Procedural History
The petitioner purchased the property in 1982. He applied for patta which was not processed due to land classification. He filed W.P.No.20141 of 2022 seeking mandamus to consider his representation dated 20.05.2022. The court by order dated 08.08.2022 directed the District Collector to pass orders. The second respondent passed the impugned order dated 03.03.2023. The petitioner then filed the present writ petition.
Acts & Sections
- Constitution of India: Article 226
