1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.4945 of 2011 Petchimuthu ... Petitioner Vs 1.The Secretary to Government Department of Revenue, Secretariat, Chennai. 2.The District Collector, Tirunelveli District, Tirunelveli. 3.The Revenue Divisional Officer, Tenkasi Division, Tenkasi, Tirunelveli District. 4.The Tahsildar, Tenkasi Taluk, Tirunelveli District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 4th respondent bearing Na.Ka.A3/800/10 (85), dated 10.06.2010 and quash the same and consequently direct the 4th respondent to issue the house site patta to the petitioner in survey No.728/22 for the remaining area of 000125 out of 000290 in Kadayanallur Village, Tirunelveli District. For Petitioner : Mr.S.Murugan For Respondents : Mr.K.Balasubramanian, Additional Government Pleader. O R D E R The petitioner has applied to the Government under the grant of patta in encroachment areas as per G.O.Ms.No.854, Revenue, dated 30.12.2006. According to him, this is one time special scheme which was extended upto 31.03.2008. Originally, the petitioner was given an order dated 08.1.2008 insofar as the encroachment area of 2½ cents would be approved and for the excess area, he has to pay a cost of Rs.2,16,150/- and on such payment, he is entitled to receive patta but subsequently, on 13.02.22008 the petitioner was informed that when the property was measured, he has granted only to an extent of 0.0165 sq.mts in S.No.728/22. The grievance of the petitioner is that even though in the list of original selection of the beneficiaries as early as on 14.06.2007 his name found place at Sl.No.15 to an larger extent but by the subsequent communication, he has now been granted only to an extent of 0.0165 sq.mts. Therefore, he has made a representation, dated 09.06.2010 to consider his case and to issue house site patta to the remaining area. However, the fourth respondent has rejected the same. Aggrieved against the said rejection order, the petitioner has come forward with the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 2.At the outset, it is pertinent to point out that the original selection of the beneficiaries was published by the Government as early as on 14.06.2007. Then, he was given an order by 08.01.2008 under which he was directed to pay extra cost and was also given permission that the encroached area to an extent of 2½ cents would be granted. In fact, in that order, it is specifically stated that for the remaining area of 0.0196 sq.mt, he will have to pay cost at the rate of Rs.15,000/- per cent and he was also directed to pay the additional amount. 3.According to the petitioner, before he paid that amount as early as on 13.02.2008, a modified order was passed stating that the petitioner is entitled to only 0.165 sq.mts and as per inspection, the occupied area is only 0.165 sq. mts. Therefore, patta would be granted only insofar as the area of 0.0165 sq.mts. This order was passed as early as on 13.02.2008. Therefore, the earlier order dated 08.01.2008 was immediately modified and they have also not received the money and subsequently the petitioner was given patta to an extent of 0.0065 sq.mts alone as early as on 13.02.2008 itself. Therefore, if at all the petitioner is aggrieved that as per the earlier proceedings, he was not granted the entire area of patta, he should have immediately approached them, and after a period of two years only for the first time, he has submitted a representation seeking for patta for the remaining area. Therefore, as per the impugned order, it was rightly rejected stating that he is not eligible for the same when he has not challenged the original order, dated 13.02.2008 order modifying the earlier order reducing the extent, it is not open for him to challenge this order under the guise of a representation being made. There is no reason for the inordinate delay in filing the application to get patta for the remaining area and therefore, the writ petition is not maintainable on that ground also. Since the order dated 13.02.2008 has become final, this writ petition is not maintainable. 4.For the foregoing reasons, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. SD/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Secretary to Government Department of Revenue, Secretariat, Chennai. 2.The District Collector, Tirunelveli District, Tirunelveli. 3.The Revenue Divisional Officer, Tenkasi Division, Tenkasi, Tirunelveli District. 4.The Tahsildar, Tenkasi Taluk, Tirunelveli District. +1 CC TO MR.S. MURUGAN, ADVOCATE S.R NO. 15869 +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 15754 Writ Petition (MD)No.4945 of 2011 28.04.2011 sms PAM 02.06.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/