P.Balasubramaniam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Balasubramaniam ... Petitioner Vs.
1.The District Collector, Namakkal District.
2.The District Revenue Officer, Namakkal District.
3.The Revenue Divisional Officer, Namakkal District.
4.The Tahsildar, Rasipuram Taluk, Namakkal District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent herein to consider the petitioner's representation dated 06.10.2015 and correct and rectify the mistake in A-Register and FMB Sketch in bearing Natham S.No.116/7 sub division 93 and to restore original classification as Grama Natham Land in A-Register and FMB Sketch. 1/4
For Petitioner : Mr.A.Rajakumar For Respondents : Mr.T.K.Saravanan Government Advocate
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 06.10.2015 and correct and rectify the mistake in A-Register and FMB Sketch in bearing Natham S.No.116/7 sub division 93 and to restore original classification as Grama Natham Land in A-Register and FMB Sketch. 2.The case of the petitioner is that the original classification of the land in S.No.116/7 sub division 87 to 179 in Seerapalli Village, Rasipuram Taluk, Namakkal District is Grama Natham, however, in the A-Register S.No.116/7 sub division 93 appear as Government Poromboke land. In this regard, the petitioner made representation dated 06.10.2015 to the respondents and since the same has not yet been considered, has filed this writ petition. 3.The learned counsel appearing for the petitioner submitted that earlier the subject land was classified as Grama Natham, however, 2/4
inadvertently in the A-Register and FMB Sketch, it appear as Government Poromboke land. Hence, this Court may issue direction to the respondents to consider the petitioner's representation dated 06.10.2015 and to pass appropriate orders, within a reasonable time frame.
4.The learned Government Advocate appearing for the respondents submitted that there is no proof to show that earlier the subject land was classified as Grama Natham. In the absence of any proof, issuance of Mandamus is onerous and prayed for dismissal of the writ petition.
5.The claim of the petitioner is that S.No.116/7 sub division 93 in Seerapalli Village was originally classified as Grama Natham, however, the petitioner did not produce any proof to show that earlier the subject land was classified as Grama Natham and the A-Register clearly establish that the land is Government Poromboke land. Hence, making representation to the Revenue Officials for reclassification of the land is not sustainable one. 3/4
M.DHANDAPANI,J.
pri 6.In view of the above, the prayer sought for in this writ petition cannot be considered and this writ petition is accordingly dismissed. No costs.
12.10.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector, Namakkal District.
2.The District Revenue Officer, Namakkal District.
3.The Revenue Divisional Officer, Namakkal District.
4.The Tahsildar, Rasipuram Taluk, Namakkal District.
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