S. Andalammal v. District Collector, Thoothukudi District, Thoothukudi
2014-07-07
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment : 1. In this writ petition, the petitioner seeks for a direction to direct the third respondent to issue the patta in the name of the petitioner for his house property which is situated in Manthithoopu Village, Survey No.88(an extent of 8 cent) and door No.47/5 Kovilpatti Taluk, Thoothukudi District. 2. Admittedly, the petitioner has encroached the Government Poromboke land and she claimed to be in occupation for more than 40 years. It appears that the petitioner has been issued the house tax receipts, ration card. Hence, the petitioner sought for grant of patta. 3. At the time of admission, this Court granted an order status quo for a period of two weeks. The respondent filed a counter affidavit and the typed set of papers from which, it is seen that the land in question is 'Odai'. From the counter affidavit, it is seen that the 'Odai' is the water course for the catchment area on Chinnakulam tank. It is further stated that as per the earlier direction in O.S.No.163 of 2009 filed in the District Munsif Court, Kovilpatti and A.S.No.20 of 2012 filed on the file of the sub-Court, Kovilpatti and the directions issued by this Court in W.P(MD) No.3179 of 2009, steps have been taken to remove the encroachment. It is further stated that due to encroachments the agriculturists are severely affected. 4. The learned Counsel appearing for the petitioner submitted that the petitioner has constructed a small house, whereas, one Mani has constructed a commercial complex. However, as on date and the civil Court finding is that the land is classified as 'Odai'. 5. That is being the case, no order can be granted for the purpose of granting patta in respect of the land in question. Therefore, the relief sought for by the petitioner cannot be granted. Hence, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous petition is also dismissed.