C. Valliyammal v. District Collector and Inspector of Panchayat, Virudhunagar
2015-02-20
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment 1. This Writ Petitionhas been filedpraying for a Writ of Mandamus directing the respondents not to interrupt the petitioner's peaceful possession and enjoyment in Sy.Nos.1261/1A about 1 acre and 1261/1B about 1 acre 4 cents situated in Sholapuram Village, Rajapalayam Taluk, Virudhunagar District, Virudhunagar and direct the third respondentto issue patta to the petitioner's land. 2. The learned counsel appearing for the petitioner would contend that the petitioner's father has been in possession in the abovementioned area. In fact, her mother had applied for patta and even a resolution was passed by the petitioner long back on 04.10.1999 to grant patta. However, no steps have been taken by the respondents. Thereafter, she pursued the matter and even the Tahsildar concerned called for an enquiry in this regard. The petitioner along with nine other applications were processed some time in the year 2010 on the instruction of the Principal Secretary and Commissioner of Land Administration, Chennai, however, no steps have been taken by the respondents. She would further contend that even as per the Government order if a person has been in possession for more than five years, they are entitled for assignment of patta to an extent of two acres. Hence, the petitioner has come forward with this Writ Petition for the relief stated supra. 3. The learned Government Advocate for the respondents has submitted a detailed report in which it is stated that the land in S.No.1261/1A, to an extent of 0.930 cents, claimed by the petitioner falls under the category of Government poromboke. Out of the lands available, on the northern side, there are 20 people are already in occupation. Further, a water tank has also been constructed in the said area for benefit of those area people. Apart from that there is an anganwadi building also in the said survey number. A building is going to be put up in the plinth of 20 cents under the scheme of Mahathma Gandhi Rural Employment Guarantee Scheme in the area in question. A huge sum has also been allocated for the said purpose. In addition to that, there are about 30 built houses given by the Government for the Scheduled Caste people in the survey number in question. Eventually, he would contend that there is no vacant space as claimed by the petitioner. 4.
A huge sum has also been allocated for the said purpose. In addition to that, there are about 30 built houses given by the Government for the Scheduled Caste people in the survey number in question. Eventually, he would contend that there is no vacant space as claimed by the petitioner. 4. Admittedly, the petitioner also contends that the land in question is a Government Poromboke land. However, the petitioner contends that they have been in occupation for a long time. Now, the petitioner sought for assignment of patta to her, which cannot be granted, for the reasons stated by the learned Additional Government Pleader. Therefore, the relief sought for in this Writ Petition cannot be granted as such. At best, the petitioner can make a representation to the authorities concerned to ventilate her grievance. In view of the fact that the petitioner had been possession in the area in question, the petitioner is directed to make a representation seeking assignment of patta either for alternative place or the other places, as applicable to the Government order from time to time and when such a representation is made, the respondents concerned are directed to consider such representation and pass appropriate orders, within a period of six months from the date of receipt of a copy of the said representation. 5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.