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Judgment
G. Rajasuria, J.—This Writ Petition has been focussed to call for the entire records relating to the impugned notice issued by the third
respondent herein in O.Mu.6783/2005/A4 dated 25-05-2005 signed the same on 25-05-2005 and quash the same and consequently direct the
respondents herein to expedite the change of classification of lands and regularise the petitioner''s occupied house site relating to S. No. 373/1B of
an extent of 0.02.0 Hectares of lands and building thereon out of a total extent of 0.72.0 Hectares situate at Kamarajapuram, Battagundu
Panchayat, Nilakottai Taluk, Dindigul District and issue house site para for the same on the basis of the Government Order memo No.
17840/HU/11(2)/69/2 Labour dated 07-02-1970.
The facts in nutshell which are absolutely necessary and germane for the disposal of this Writ Petition would run thus:
Indisputably and incontravertibily, A. Simon Durai the son of the writ petitioner A. Kulandai Theras, died in war as a defence personnel.
Consequently A. Kulandai Theras placing reliance on G.O.Ms.117840/HU11(2)/69/2 Labour dated 07-02-1970 wanted conferment of patta to
the land under her occupation. It is her case that she is not having any other property.
The grievance of the petitioner is that despite the Tahsildar, Nilakottai vide communication dated 25-05-2005 in O.Mu. No. 6783/2005/A4
stated that some re-classification of the land in revenue records is required and it would take some time, yet they are taking undue time. Hence this
writ petition.
4.In reply to the averments or allegations in the writ petition, the Tahsildar filed the counter with the averments thus:
The petitioner has encroached an extent of 0.20.0 Hectares out of 0.72.0 Hectares of land comprised in Survey No. 373/1B of Batalagudu Village
which is classified as Tharisu(Waste Land) and constructed a Pucca single storied house which was leased out to one Gurusamy (A Forest
Department Official) son of Chinnakaruppan and he has been in occupation since 20 years. She is not living actually in that house. The petitioner
having another house at Door No. 7/166 Melakovilapatti, H/O, Kombaipatti Village an adjacent village, where she lives. The Revenue Inspector,
Vathalakundu inspected the area concerned and submitted his report that there should be reclassification in the revenue records as the land is
classified as Assessed Waste Dry and it had to be reclassified as Natham Poramboke. Further more the petitioner is not entitled to such allotment
without payment of cost of the land. A. Anthony Samy one other son of the writ petitioner was given appointment under compassionate grounds
and now he is working as Rural Welfare Officer at Panchayat Union Office, Batlagundu. As such the petitioner cannot obtain double benefits
which is prohibited as per the G.O. No. 117840/2/HU(2)69/2 Labour dated 07-10-1970. Accordingly, the respondents prayed for dismissal of
the writ petition.
The petitioner filed the reply affidavit denying and refuting the contentions in the counter filed by the Tahsildar. According to the writ petitioner,
she is not owning the house bearing Door No. 7/166 Melakovilapatti, H/O, Kombaipatti Village and that she is entitled for allotment of free patta.
Heard both sides.
The learned Counsel for the petitioner placing reliance on the copy of the G.O. No. 854 Revenue Ni.Mu1(2) Department dated 30-12-2006
and also the certificate dated 20-08-2007 found enclosed in the additional type set, would submit to the effect that the said house bearing Door
No. 7/166 Melakovilapatti, H/O, Kombaipatti Village does not belong to the writ petitioner. The said certificate was issued by the President,
Kombaipatti Panchayat, Vathalagundu Panchayat Union.
Apart from the legal issues involved, there are factual issues also. The learned Counsel for the petitioner correctly submitted that as on date she
does not want specific direction from this Court for the allotment of patta in favour of the petitioner but she wants only a direction to the
respondents to consider her request within a time frame. The learned Counsel for the petitioner would also submit that the authorities could verify
once again the factual position as she is not the owner of the house bearing Door No. 7/166 Melakovilapatti, H/O, Kombaipatti Village.
9.Hence, in these circumstances the following direction is issued.
The respondents shall consider the request of the petitioner for allotment of patta on merits after giving due opportunity to her to explain her
position that she is not the owner of the house bearing Door No. 7/166 Melakovilapatti, H/O, Kombaipatti Village and that despite one other son
having got employment, she is entitled to free patta in respect of Survey No. 373/1B of Battlangundu Village. Within a period of three months from
the date of receipt of a copy of this order, her request shall be dealt with as per law on merits.
In the result, with the above direction this writ petition is disposed of. No costs.