Ni Shanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Special Original Jurisdiction)
W.P. (MD) No. of 2017
Mrs. P. Nishanthi : Petitioner
Vs
The District Collector
Madurai & Others : Respondents
TYPED SET OF PAPERS
S.No. Date Description of Documents Page No.
1. 26.03.1979 Resolution no 1632 of Madurai corporation

Proceedings of K 13/26290/78 1
2. 01.10.2007 Assignment Letter in favour of petitioner along

With the Town survey sketch 3
3. 08.01.2008 Proposal to give Patta by Revenue Divisional

Officer to Commissioner, Madurai Corporation 5
4. 19.05.2008 VAO enquiry report for encroachers list 6
5. 18.07.2008 Proposal to give Patta by District

Revenue Officer 10
6. 06.02.2009 No objection to issue Patta to the petitioner by

Commissioner, Corporation of Madurai 13
7. 13.02.2009 Proposal to give G.O by District

Revenue Officer to land administrative 14
Commissioner, Chennai
8. 29.09.2009 GO. No. 359 to issue Patta to the petitioner 17
9. 10.11.2009 Proceedings of District Collector

toTahsildar to distribute patta to 20
the petitioner
10. 22.01.2010 Proceedings by DRO to Tahsildar for

Conversion of cemetery cum Burning ghat to
Nattham entry in village and Thaluk account 21
11. 25.03.2010 Notice issued by Tahsildar to the Petitioner 22

12. 20.07.2010 Proceeding of Tahsildar for issuing Patta
to 42 Families 23
13. 22.07.2010 Patta issued by the Tahsildar to the petitioner 26
14. 25.08.2010 Notice by Tahsildar to measure the Patta land 28
15. 28.09.2011 Proceeding of Revenue Divisional Officer

Na.Ka. No. 1475/2007/C for Cancellation of
Patta 29
16. 11.07.2014 Common Order by the Honourable High Court

for enquiry 31
17. 02.09.2014 Notice by the Revenue Divisional Officer to

the petitioner 37
18. 10.09.2014 Submission before Revenue Divisional Officer

By the petitioner 38
19. 03.08.2015 Impugned order 42
20. 26.08.2016 RTI report of tax receipt of the petitioner 63
21. 15.12.2016 Impugned order 65
Certified that the above documents are true copies of the originals
Dated at Madurai on this the 2nd day of January 2017
Counsel for Petitioner

District: Madurai
High Court, Madras

Madurai Bench
W.P. (MD) No of 2017
TYPE SET
Dr. S. Padma 1139/95

Mob No 9444178456
MADURAI BENCH
W.P. (MD) No. of 2017
Mrs. Mrs. P. Nishanthi

D/o Pandi,
No.53,Melponnakaram 8th Street,
Arapalayam
Madurai 625 016 : Petitioner
Vs
1. The District Collector,

Madurai District.
2. The District Revenue Officer,

Madurai District.
3. The Revenue Divisional Officer,

Madurai.
4. The Tahsildar,
Madurai South Taluk,
Madurai. : Respondents
AFFIDAVIT OF P. NISHANTHI
I, Mrs. P. Nishanthi, D/o Pandi, Hindu aged about 40 years, residing at

No.53,Melponnakaram 8th Street, Arapalayam, Madurai 625 016 do hereby
solemnly affirm and sincerely state as follows:-
1. I am the petitioner herein and as such I am well acquainted with the facts of
the case.
2. I submit that originally the land in Survey No. 994/1A, and T.S No. 116,
situated in Melmadurai, Arapalayam Main Road, Madurai West Taluk was the
property belong to the Government and was originally classified as
Pudhaikulimayanam (Cemetry gum burning ghat) and the above said property is
to the extent 0.53 Cents.
Page No : 1
Corrns : Nil
3. I submit that from the time immemorial my ancestors were occupied a
portion of the property in the above said land and we are having in continuous
possession and enjoyment for more than 7 decades in the said property by
constructing a house and residing there. My ancestors and other occupants had
been lived since 1950 in survey No. 994/1A. In the year 1975 after continues
possession and enjoyment of the property the ancestors sent representation to the
Corporation of Madurai to grant patta for the house site.
4. I state that the Resolution was passed by the Mayor of Madurai Corporation
on 26.03.1979 vide Resolution Number 1632 in the Proceedings K13726290/78
and as per the proposal based on the following;-
i) Letter of Tahsildar, Madurai South dated 21.01.1979 vide ROC No
B4/20769 /72 Citing and placing proposal that there were 23 Occupants
in the Survey No 994/1, Ward Number 5 and were residing there for
more than 30 years. The entire extent of land in Survey Number 994/1
which classified and used as Puthaikuli and presently was not used for
the said purpose. Hence the afore said land is not used for the said
purpose and the extent of land be reclassified from Puthaikuli (cementry
cum burning ghat) to Natham Porampoke and transferred to the 23
Occupants in the Survey No 994/1.
ii) Layout was prepared with condition and it was approved on 25.01.1979
vide Na. Ka. No.104/79/3 Deputy Director Town & Country Planning
letter.
iii) To make necessary changes and do conversion of land from Puthaikuli

to Natham porampoke and, as per the layout and Sketch prepared with
condition by the Deputy Director, the Corporation can give consent to
hand over the land to the occupants.
5. The petitioner further state that the council of meeting passed the resolution
that the respected Mayor, Commissioner, Corporation of Madurai & Chief Town
& Country Planning Officer have to inspect the land in Survey Number 994 /1
and ascertain whether the 23 occupants have let out the land for rent.
Page No : 2
Corrns : Nil
6. The petitioner further state that the Commissioner, Corporation of Madurai
noted that on 18.04.1979, Joint Inspection was done by Commissioner of Madurai
(Incharge), Chief Town & Country Planning Officer, Sanitary Officer &
Respected Mayor and upon enquiry it was found that some of the occupants have
constructed house and let it for rent, not provide land and for those occupants who
have constructed house allocate land only to the persons who do not have land and
as per the Layout & sketch of Deputy Director, Town & Country Planning vide
No LP/2(MR) 7/79, land be allotted and be informed to Madurai South Tahsildar.
7. To the shock and surprise in the year 2005 Officials of Corporation of

Madurai demolished my house along with other occupants house in Survey
Number 994/1. Some of the occupants/ affected parties filed Writ Petition. The
Writ Petition was dismissed with a Direction that the Judgment will not stand as
bar to the occupants if the Revenue Authorities give Patta in the name of the
occupants in Survey Number 994/1.
8. I submit on 01.07.2007 assignment letter was given by Tahsildar, Madurai

South to 42 Occupants in Survey No 994/1 along with FMB Sketch with a
proposal to grant Patta.
9. I state that 4th respondent in the year 2007 issued Assignment Letter on
01.10.2007 those who are occupied in old Survey No. 994/1A, TS. No. 116 nearly
42 persons with topography sketch. In that assignment letter plot No. 32 was
allotted to me.
10. I state that on 08.01.2008 the 3rd respondent sent a proposal to the
Commissioner, Madurai Corporation to get a opinion from Madurai Corporation
for issuing patta to the 42 occupants who had constructed House in Survey No.
994/1A.
11. I further state that on 19.05.2008 the Village Administrative Officer

inspected the site and received the letter from the 42 occupants who are residing in
the Survey No 994/1A with signatory of witness.
Page No : 3
Corrns : Nil
12. I further state that on 18.07.2008 District Revenue Officer sent a proposal
for 42 occupants house site patta in survey No 994/1A to the Special
Commissioner and Land Administrative Commissioner, Chennai 600 005 with all
relevant resolution, G.O’s and other proposals.
13. I further submit that on 06.02.2009 The Commissioner sent a letter to the
District Revenue Officer stating that no objection to issue patta to the 42 occupants
who are residing in Survey No 994/1A.
14. I further submit that on 13.02.2009 the District Revenue Officer vide is
proceeding Na.KA. No. J4/90160/2007 sent a proposal to the Chief Commissioner
& Land Administrative Commissioner sought for permission from the Government
to issue patta to the 42 occupants.
15. I further submit that on 29.09.2009 considering the grievances and the long
possession and displaced person based on the proposal by the respondent for the
consideration of free house site patta. Accordingly, by G.O. Ms. No. 359 dated
29.09.2009 the Government passed on order assigning 53 cents of land in survey
No. 994/1A out of which 42 cents were given to 42 occupants/beneficiaries of each
will have 1 cent and remaining 9 cents for common pathway and 2 cents was
allotted for Temple.
16. I further submit that on 10.11.2009 The District Collector vide his
proceedings Na.Ka. No. 90160/07/J4 directed the 4th respondent to handover the
land to the 42 occupants as per the Government rules.
17. I further submit that on 22.01.2010 The District Revenue Officer vide his
proceedings Na.Ka. No. 90160/07/J4 directed the 4 th respondent the extent of 53
cents of the land in survey No. 994/1A be reclassified from Puthaikuli (cementry
cum burning ghat) to Natham Porampoke and to handover the house site to the 42
occupants whose constructed house were demolished. As per the G.O. to issue
patta to the 42 occupants change the Village & Taluk Accounts.
Page No : 4
Corrns : Nil
18. I further submit that on 25.03.2010 the 4 th respondent issue notice to the
occupants to appear on 05.04.2010 along with the following documents:-
i. Address proof for residence the free house site when it was demolished.
ii. House tax receipt when the house was demolished
iii. Electricity bill when the house was demolished
iv. Voters Photo Identity Card or Voters List with Photo when the house was
demolished
v. After demolishment the occupant present residing address proof
vi. Present residing address Voters Photo Identity Card or Voter List with
Photo.
19. I further submit that on 20.07.2010 the 4th respondent after verification of
the above mentioned documents issue patta to 42 occupants and 9 cents for
common pathway and 2 cents allotted for Temple in Survey No. 994/1A and with
the order to enter the conversion Puthaikuli (cementry cum burning ghat) to
Natham Porampoke in the Village & Taluk Accounts.
20. I further submit that after receiving the patta for the Plot No 32 in my name
to the extent of 1 cent in survey No. 994/1A and I remitted Rs. 80 for physical
measurement of the property on 31.08.2010.
21. To the Shock and surprise when I was expecting the surveyor to measure the
property and demark the plot No 32, land which was allotted for me, the 3rd
respondent cancelled the patta on 28.09.2011 without any enquiry or serving copy
of the proceedings of cancellation. Immediately I rushed to the Honourable Court
by way of W.P. (MD) No. 20813 of 2013 challenging the cancellation of
assignment by the 3rd respondent without notice or providing by reasonable
opportunity. This Honourable Court after earring elaborate argument on both sides
was pleased to allow my writ petition on 11.07.2014 with the following common
Order.
Para 4: Accordingly following the earlier order these writ petitions are allowed and
the impugned orders are set aside. The first respondent is at liberty to second
communication to the petitioners within a period of two weeks from the date of
receipt of a copy of this order directing them to appear for an enquiry and on doing
so, the petitioner shall appear before the first respondent and produce all the
Page No : 5
Corrns : Nil
documents on the hearing date which is to be fixed by the 1 st respondent, to
establish that they have put up the construction only for living purpose and there
after holding enquiry, the first respondent shall pass appropriate orders within a
period of four weeks there after. No costs. Consequently connected miscellaneous
petitions are closed.
After the above order, the 3rd respondent herein issued summons for enquiry and I
also appeared before the 3rd respondent and submitted all the documentary
evidence to show that I have put up a house in the plot No. 32 allotted to me and it
is assessed to tax by the corporation and I have been enjoying the electricity
service connection. But the 3rd respondent without considering the above vital
evidence in proof of my possession and occupation passed an order in Na.Ka. No.
14752/2007/C dated 03.08.2015 holding that there is
a. No reference of plot No. 32 issued in the statutory receipt issued by the
Madurai Corporation. That means the new Survey No. 116 is not
mentioned in the receipt.
b. Drinking water connection, drainage water connection provided by the
Madurai Corporation was not considered by the 3rd respondent.
Therefore the 3rd respondent concluded that there is not construction of house in
the plot allotted to me. The 3rd respondent also rejected my explanation based on
some extraneous reasons and irrelevant consideration rather than based on record.
The 2nd respondent endorsed the report of the 3rd respondent and upheld.
22. I further submit that to the shock and surprise the 3 rd respondent cancel the
42 assignment patta including me with out any verification or issuing notice to the
pattadars. Stating that some of the allottees have used the plot for some other
purpose and they have not put up construction allotted to them.
23. I Further submit that as per the RTI report dated 26.08.2016, door no. 115 to
116 Arapalayam Main Road, Survey No. 994/1A occupants who are residing in the
land had paid the property (House) tax. All these facts are not considered by the
3rd and the 4th respondent have passed the impugned order.
24. I state that there was no proper notice before cancellation of the assignment
patta or serving copy of the proceedings of cancellation I was shocked to know the
said impugned order passed by the 3rd respondent dated 03.08.2015 and impugned
Page No : 6
Corrns : Nil
order passed by the 2nd respondent dated 15.12.2016. I have not called upon any
enquiry and cancellation of assignment is unjust, illegal and against the principals
of natural Justice. Though, I have not received any order, the above order has also
infringed my right.
25. I most humbly respectfully submit that being aggrieved over the said act of
the respondent and having left with no efficacious alternative remedy I am
constrained to file the above writ petition invoking the special original jurisdiction
of this Honourable Court under article 226 of constitution of India and this
petitioner has not filed any other case or writ for the same remedy before this court
or any other court and this petitioner this writ following among other Grounds :-
GROUNDS
1. The Impugned order is result of non application of mind on the arbitrary

exercise of power.
2. The impugned order passes by the second respondent is illegal and against
the principles of natural justice.
3. The order of the second and third respondent is unjust and opposed to law
without giving opportunities of hearing.
4. It is submitted that the second respondent without considering procedural

law and by wrongly recording the fact that the opportunity of hearing is
given to the petitioner is unjust and the order is strictly liable to set aside.
5. It is submitted that the petitioner has filed all relevant Document to show
that the petitioner is in occupation of the side plot No. 32 the petitioner also
filed the documentary evidence about the possession and enjoyment by
filing the electricity bill and also property tax receipt in respect of the side
plot and assumed possession and after order of assignment and the finding of
the 3rd respondent holding that there was no construction in the plot No 32.
Even though the petitioner filed the property receipt for the plot No. 32 Door
No. 115/1A
Page No : 7
Corrns : Nil
6. It is submitted that even though the petitioner constructed the house and it
was assessed by the authority has house site in Survey No. 994/1 and Door
No. 115/1A but without considering the evidence the 3rd respondent falsely
stated that the construction is used for commercial purpose.
7. It is submitted that the order of the 3 rd respondent is upheld by the 2nd

respondent and categorically cancel the patta without any appreciation of the
documents filed before the 3rd respondent.
8. I submit that the 2nd Respondent by their hectic initiative to remove all the
encroachment are only with an ulterior motive to allot the land to the
revenue officials to construct a quarters and for other purpose. In the said
circumstances it is just and necessary to pass an order of injunction
restraining the Respondents 1 to 3 from anyway occupying the premises or
altering the physical features of the premises pending disposal of the above
writ petition or otherwise I will be put to irreparable loss and hardships.
9. I submit that I was not the party to the proceeding no order has been
communicated to me. Even though I am not a party, the Impugned Order is
also infringed my right and hence I am filing this Writ petition and in the
said circumstance the production of the original of the Impugned Order be
dispensed with or otherwise I will be put to irreparable loss and hardship.
I therefore pray that this Hon’ble Court may be pleased to dispense with the
production of the original copy of the order passed by the 3 rd respondent in his
proceedings in Na.Ka.No. 14752/2007/C dated 03.08.15 and the consequent order
issued by the 2nd respondent in Roc.No.36118/2015/J4 dated 15.12.16 for the
present and thus render justice.
I therefore pray that this Honourable Court may be pleased to pass an order
of injunction, restraining the Respondents 1 to 3 from anyway occupying the
premises or altering the physical features of the premises bearing Plot No. 32, in
Old Survey No. 994/1A and TS No. 116, Arapalayam Main Road, Melmadurai,
Madurai - 16 pending disposal of the above Writ Petition and thus render justice.
Page No : 8
Corrns : Nil
I therefore prayed that this Honourable Court may be pleased to pass order
of interim direction, directing the Respondents herein to restore the possession and
enjoyment of the petitioner bearing Plot No. 32, in Old Survey No. 994/1A and TS
No. 116, Arapalayam Main Road, Melmadurai, Madurai – 16 and to measure and
demark the land and permit to put up construction pending disposal of the above
Writ Petition and thus render justice.
I therefore pray that this Honourable Court may be pleased to stay the
operation of the order passed by the 3rd Respondent in his proceedings in Na.Ka.
No. 14752/2007/C dated 03.08.15 and the consequent order issued by the 2 nd
respondent in Roc. No. 36118/2015/J4 dated 15.12.16 pending disposal of the
above writ petition and thus render justice.
I therefore prayed that this Honorable Court may be pleased to issue a WRIT
OF CERTIORARIFIED MANDAMUS or Direction in the nature of a writ calling
for the records relating to the proceedings of the order passed by the 3 rd respondent
in his proceedings in Na.Ka. No. 14752/2007/C dated 03.08.15 and the consequent
Impugned Proceedings in Roc. No. 36118/2015/4J dated 15.12.16 Issued by the 2nd
respondent and quash the same and further directing the respondents to restore the
possession and enjoyment of the petitioner bearing Plot No. 32, Comprised in Old
Survey No. 994/1A and TS No. 116, Arapalayam Main Road, Melmadurai,
Madurai - 16 and pass such further or other orders as this Honourable Court may
deem fit and proper in the said circumstances of this case and thus render justice
Solemnly affirmed as Madurai

on this 2nd day of January 2017
and the contents of the affidavit is translated
and explained in tamil who having understood
the same put his signature in my presence Before me,
Last Page
Corrns : Nil Advocate: Madurai
District: Madurai
High Court, Madras

Madurai Bench
Mrs. Mrs. P. Nishanthi : Petitioner
Vs

Madurai District & 3 Others
: Respondents
AFFIDAVIT OF P. NISHANTHI

Mob No 9444178456
MEMORANDUM OF WRIT PETITION
(UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA)

MADURAI BENCH
W.P. (MD) No. of 2017
Vs
Madurai District.

Madurai District.

Madurai.
4. The Tahsildar,
WRIT PETITION
1. The address for service of all notices and process on the petitioner is
that of his counsel M/s Dr.S.Padma at No 39 Law Chambers, High Court
Buildings, Chennai – 600 104.
2. The address for service of all notices and processes on the respondents
are the same as stated above.
For the reasons stated in the accompanying affidavit it is therefore prayed

that this Honorable Court may be pleased to issue a WRIT OF
CERTIORARIFIED MANDAMUS, or Direction in the nature of a writ
calling for the records relating to the proceedings of the order passed by the
3rd respondent in his proceedings in Na.Ka. No. 14752/2007/C dated
03.08.15 and the consequent Impugned Proceedings in Roc. No.
36118/2015/4J dated 15.12.16 Issued by the 2nd respondent and quash the
same and further directing the respondents to restore the possession and
enjoyment of the petitioner bearing Plot No. 32, Comprised in Old Survey
No. 994/1A and TS No. 116, Arapalayam Main Road, Melmadurai, Madurai
- 16 and pass such further or other orders as this Honourable Court may
deem fit and proper in the said circumstances of this case and thus render
justice

District: Madurai
High Court, Madras

Madurai Bench
Vs

: Respondents
WRIT PETITION

Mob No 9444178456

MADURAI BENCH
M.P. (MD) No. of 2017
In
W.P. (MD) No. of 2017
Vs

Madurai District.

Madurai District.

Madurai.
4. The Tahsildar,
PETITION FOR STAY
For the reasons stated in the accompanying affidavit it is therefore

prayed that this Honourable Court may be pleased to stay the operation of
the order passed by the 3rd Respondent in his proceedings in Na.Ka. No.
14752/2007/C dated 03.08.15 and the consequent order issued by the 2 nd
respondent in Roc. No. 36118/2015/J4 dated 15.12.16 pending disposal
of the above writ petition and thus render justice.

District: Madurai
High Court, Madras

Madurai Bench
M.P. (MD) No. of 2017
In
W.P. (MD) No. of 2017
Vs

: Respondents
STAY PETITION

Mob No 9444178456

MADURAI BENCH
M.P. (MD) No. of 2017
In
W.P. (MD) No. of 2017
Vs

Madurai District.

Madurai District.

Madurai.
4. The Tahsildar,
INTERIM INJUNCTION PETITION

that this Honourable Court may be pleased to pass an order of injunction,
restraining the Respondents 1 to 3 from anyway occupying the premises or altering
the physical features of the premises bearing Plot No. 32, in Old Survey No.
994/1A and TS No. 116, Arapalayam Main Road, Melmadurai, Madurai - 16
pending disposal of the above Writ Petition and thus render justice.

District: Madurai
High Court, Madras

Madurai Bench
M.P. (MD) No. of 2017
In
Vs

: Respondents
INTERIM INJUNCTION PETITION

Mob No 9444178456

MADURAI BENCH
M.P. (MD) No. of 2017
In
W.P. (MD) No. of 2017
Vs

Madurai District.

Madurai District.

Madurai.
4. The Tahsildar,
DIRECTION PETITION

that this Honourable Court may be pleased to pass order of interim direction,
directing the Respondents herein to restore the possession and enjoyment of the
petitioner bearing Plot No. 32, in Old Survey No. 994/1A and TS No. 116,
Arapalayam Main Road, Melmadurai, Madurai – 16 and to measure and demark
the land and permit to put up construction pending disposal of the above Writ
Petition and thus render justice.

District: Madurai
High Court, Madras

Madurai Bench
M.P. (MD) No. of 2017
In
Vs

: Respondents
DIRECTION PETITION

Mob No 9444178456

MADURAI BENCH
M.P. (MD) No. of 2017
In
W.P. (MD) No. of 2017
Vs

Madurai District.

Madurai District.

Madurai.
4. The Tahsildar,
DISPENCE WITH PETITION
For the reasons stated in the accompanying affidavit it is therefore pray that
this Hon’ble Court may be pleased to dispense with the production of the original
copy of the order passed by the 3rd respondent in his proceedings in Na.Ka.No.
14752/2007/C dated 03.08.15 and the consequent order issued by the 2 nd
respondent in Roc.No.36118/2015/J4 dated 15.12.16 for the present and thus
render justice.

District: Madurai
High Court, Madras

Madurai Bench
M.P. (MD) No. of 2017
In
Vs

: Respondents
DISPENCE WITH PETITION

Mob No 9444178456
MADURAI BENCH
W.P. (MD) No. of 2017
Vs
Madurai District.

Madurai District.

Madurai.
4. The Tahsildar,
Madurai.
BATTA

Mob No 9444178456
MADURAI BENCH
W.P. (MD) No. of 2017
Vs
The District Collector
Madurai & Others : Respondents
DATES AND EVENTS
S.No. Date Particulars
1. 26.03.1979 Allotting Land in Survey No. 994/1, to the occupants

who are residing in more than 30 years, Resolution No.
1632 was passed by Madurai Corporation.
2. 01.10.2007 Assignment Letter was given by the Tahsildar in

favour of the petitioner along with the Town survey
sketch
3. 08.01.2008 Proposal was given by the Revenue Divisional

Officer to issue patta
4. 19.05.2008 Occupants List was given to VAO
5. 18.07.2008 District Revenue Officer sent proposal to give patta to

the Occupants to the Commissioner.
6. 06.02.2009 Commissioner, Corporation of Madurai has given no

objection to issue patta to the petitioner
7. 13.02.2009 Proposal to give G.O by District Revenue Officer to

land administrative Commissioner, Chennai
8. 29.09.2009 GO. No. 359 was issued by Secretary to Government to

distribute 1 cent land to the occupants in Survey No. 994/1A
9. 10.11.2009 Proceedings of District Collector to distribute patta

to the petitioner
10. 22.01.2010 Proceedings by DRO to Tahsildar for Conversion of

cemetery cum Burning ghat to Nattham entry in
village and Thaluk account
11. 25.03.2010 Notice issued by Tahsildar to the Petitioner
12. 20.07.2010 Patta proceedings for 42 Families by Tahsildar
13. 22.07.2010 Patta was issued by the Tahsildar to the petitioner
14. 25.08.2010 Notice by Tahsildar to measure the Patta land
15. 28.09.2011 Proceeding of Revenue Divisional Officer Na.Ka. No.

1475/2007/C for Cancellation of Patta
16. 11.07.2014 Common Order was passed by the Honourable High Court
to conduct enquiry
17. 02.09.2014 Notice issued by the Revenue Divisional Officer to

the petitioner
18. 10.09.2014 Submission before Revenue Divisional Officer

By the petitioner
19. 03.08.2016 42 house site patta was cancelled by the 3rd respondent
- Impugned Order
20. 26.08.2016 RTI report of tax receipt of the petitioner
21. 15.12.2016 Impugned order was passed by the 2nd respondent that
the Order of the RDO cancelling all the 42 house site
patta on the Ground of infringement is upheld

MADURAI BENCH
W.P. (MD) No. of 2017
Mrs. Mrs. P. Nishanthi

D/o Pandi,
No.53,Melponnakaram 8th Street,
Arapalayam
Madurai 625 016 : Petitioner
Vs
Madurai District. & others : Respondents
SYNOPSIS
1. Originally the land in Survey No. 994/1A and TS. No. 116 situated in
Arappalayam Main Road, Madurai West Taluk was belong to the
Government and it was classified as Pudhikuli Mayanam (Cementry Cum
Burning Ghat) later it was not in use. In the year 1950 the ancestors of the
petitioner occupied the land in Survey No. 994/1A.
2. In the year 1979 resolution was passed by Madurai Corporation to convert

the land in to patta land and distribute to the petitioner. For more than 50
years the ancestor of the petitioner follow up the resolution, but in the year
2007 only assignment letter was issued to the occupants in survey No.
994/1A by the Tahsildar, then proposal was sent by VAO, then proposal was
given by District Revenue Officer, then No objection was given by
Commissioner and finally G.O. No. 359 dated 20.09.2009 was issued.
3. The District Collector directed the Tahsildar to distribute the patta to the
petitioner and further District Revenue Officer directed the Tahsildar to
convert the Cementry Cum burning ghat land to Natham land finally patta
was issued to the petitioner on 22.07.2010 by the Tahsildar.
4. To the shock and surprise on 28.09.2011 the RDO Cancel the patta without
any enquiry. Immediately the petitioner find Writ petition before this
Honourable Court W.P. No. 20813/2013. The Honourable Court quashed
the proceedings and further directed to conduct enquiry.
5. During enquiry the petitioner submitted her Property tax receipt and
Electricity Board Receipt but it was not considered by the 3rd respondent and
cancel the patta and it was upheld by the 2nd respondent against which writ
petition is filed before this Honourable Court.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

W.P. (MD) No. of 2017

Mrs. P. Nishanthi : Petitioner

S.No. Date Description of Documents Page No.

1. 26.03.1979 Resolution no 1632 of Madurai corporation

2. 01.10.2007 Assignment Letter in favour of petitioner along

3. 08.01.2008 Proposal to give Patta by Revenue Divisional

4. 19.05.2008 VAO enquiry report for encroachers list 6

5. 18.07.2008 Proposal to give Patta by District

6. 06.02.2009 No objection to issue Patta to the petitioner by

7. 13.02.2009 Proposal to give G.O by District

8. 29.09.2009 GO. No. 359 to issue Patta to the petitioner 17

9. 10.11.2009 Proceedings of District Collector

10. 22.01.2010 Proceedings by DRO to Tahsildar for

11. 25.03.2010 Notice issued by Tahsildar to the Petitioner 22

13. 22.07.2010 Patta issued by the Tahsildar to the petitioner 26

14. 25.08.2010 Notice by Tahsildar to measure the Patta land 28

15. 28.09.2011 Proceeding of Revenue Divisional Officer

16. 11.07.2014 Common Order by the Honourable High Court

17. 02.09.2014 Notice by the Revenue Divisional Officer to

18. 10.09.2014 Submission before Revenue Divisional Officer

19. 03.08.2015 Impugned order 42

20. 26.08.2016 RTI report of tax receipt of the petitioner 63

21. 15.12.2016 Impugned order 65

Counsel for Petitioner

High Court, Madras

W.P. (MD) No of 2017

Dr. S. Padma 1139/95

W.P. (MD) No. of 2017

Mrs. Mrs. P. Nishanthi

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer,

I, Mrs. P. Nishanthi, D/o Pandi, Hindu aged about 40 years, residing at

iii) To make necessary changes and do conversion of land from Puthaikuli

7. To the shock and surprise in the year 2005 Officials of Corporation of

8. I submit on 01.07.2007 assignment letter was given by Tahsildar, Madurai

11. I further state that on 19.05.2008 the Village Administrative Officer

1. The Impugned order is result of non application of mind on the arbitrary

4. It is submitted that the second respondent without considering procedural

7. It is submitted that the order of the 3 rd respondent is upheld by the 2nd

Solemnly affirmed as Madurai

High Court, Madras

W.P. (MD) No of 2017

Mrs. Mrs. P. Nishanthi : Petitioner

1. The District Collector,

Dr. S. Padma 1139/95

IN THE HIGH COURT OF JUDICATURE AT MADRAS

W.P. (MD) No. of 2017

Mrs. Mrs. P. Nishanthi : Petitioner

2. The District Revenue Officer,

3. The Revenue Divisional Officer,

For the reasons stated in the accompanying affidavit it is therefore prayed

Counsel for Petitioner

High Court, Madras

W.P. (MD) No of 2017

Mrs. Mrs. P. Nishanthi : Petitioner

1. The District Collector,

Dr. S. Padma 1139/95

IN THE HIGH COURT OF JUDICATURE AT MADRAS

M.P. (MD) No. of 2017

W.P. (MD) No. of 2017

Mrs. Mrs. P. Nishanthi : Petitioner

1. The District Collector,