K.R. Sri Raman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.15302 OF 2019 K.R.Sri Raman S/o.Ranganathan, President of Bhuvanagiri Varthagar Sangam @ Boorasamy Varthagar Sangam.

New No.122 Old No.67C/1, Bazar Street, MaelBhuvanagiri, Bhuvanagiri & Taluk, Cuddalore District, Tamil Nadu - 608 601.

... Petitioner .Vs.

1. The District Collector, Office of the District Collector, Cuddalore, Cuddalore District.

Tamilnadu.

2. The Commissioner of Land Administration, Chepauk, Chennai, Tamilnadu.

3. The Revenue Divisional Officer, Office of the RDO, Chidambaram, Chidambaram, Cuddalore District, Tamilnadu.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 07.01.2019 and pass necessary order as to carryout correction of entry of New Survey Number as 323/1 instead of wrong entry 303/11 made in the patta No.1307 already issued in the name of the petitioner pertain to the land bearing old Survey No.82/1, New Survey No.323/1, situated at Viruthachalam Main Road, Bhuvanagiri Bazar Street, Bhuvanagiri Taluk, Cuddalore.

For Petitioner :

Mr.H.Krishnaraj For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 07.01.2019 and pass necessary order as to carry out correction of entry of New Survey Number as 323/1 instead of wrong entry 303/11 made in the patta No.1307 already issued in the name of the petitioner pertaining to the land bearing old Survey No.82/1, New Survey No.323/1, situated at Viruthachallam Main Road, Buvanagiri Bazar Street, Buvanagiri Taluk, Cuddalore.

2. The case of the petitioner is that he is the president of the Bhuvanagiri Varthagar Sangam @ Boorasamy Varthagar Sangam, which is an association registered under the Society Act, and owned land bearing Old Survey No.82/1, New Survey No.323/1, to an extent of 0.0275 hectares, situated at Buvanagiri Bazar Street, Viruthachallam Main Road, Buvanagiri Taluk, Cuddalore. The said land is in possession and enjoyment of the said Bhuvanagiri Varthagar Sangam and patta in respect of the said land was issued in name of the President of the said Bhuvanagiri Varthagar Sangam in Patta No.1307. The original Survey Number was assigned to the said land as Survey No.82/1 and in the year around 1984, when re-survey was conducted New Survey Number was assigned as Survey No.323/1. However, in the year 1994, the petitioner was issued patta in respect of the land comprised in New Survey No.303/11 instead of S.No.323/1. Therefore, the petitioner made a representation to the third respondent to make necessary corrections in Patta No.1307.

3. On instructions from the Tahsildar, Bhuvanagiri, the learned Special Government Pleader appearing for the respondents submitted that the land comprised in Survey No.303/11 admeasuring 0.0275 sq.mts in Patta No.1307 stood in the name of the President of Bhuvanagiri Varthagar Sangam, whereas, the land comprised in S.No.323/1 to an extent of 0.0366 sq.mts was classified as "Sarkar Poramboke Vacant Natham" and it belonged to the Government. However, in the said land, there are some encroachment by construction of shops, in which the petitioner is running one printing shop in the name and style of Sakthi Achagam. That apart, the patta in respect of the land comprised in S.No.303/11 stood in the name of the President of Bhuvanagiri Varthagar Sangam and as such, the petitioner is not entitled for any patta, since now, he is not the President of the said

Bhuvanagiri Varthagar Sangam. In this regard, already a suit is pending in O.S.No.165 of 2004 on the file of the District Munsif Court, Chidambaram. Further, the Secretary of the said Bhuvanagiri Varthagar Sangam also raised objections by communication dated 18.06.2018 before the Tahsildar, Bhuvanagiri in respect of corrections sought for by the petitioner herein.

4. Thus, it is clear that the patta originally granted for the land comprised in S.No.303/11 in Patta No.1307 is correct and no wrong entry is made. The land comprised in S.No.323/1 is classified as "Sarkar Poramboke Vacant Natham". As such, this Writ Petition is devoid of merits and it is liable to be dismissed.

5. In the result, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kv To 1.

The District Collector, Office of the District Collector, Cuddalore, Cuddalore District.

Tamilnadu.

2.

The Commissioner of Land Administration, Chepauk, Chennai, Tamilnadu.

3.

The Revenue Divisional Officer, Office of the RDO, Chidambaram, Chidambaram, Cuddalore District, Tamilnadu.

+1cc to the Government Pleader, S.R.No.61929 W.P.NO.15302 OF 2019 PL(CO) PBS/14/12/2021