K.Rajinikanth v. The District Collector
M.DHANDAPANI,J.
Today, when the matter is taken up for hearing on being mentioned, learned counsel for the petitioner submitted that a typographical error has been made in the last but fourth line of paragraph No.5 of the order dated 30.06.2022, wherein it has been erroneously typed as fourth respondent instead of third respondent. Therefore, necessary correction be made to paragraph No.5 of the order dated 30.06.2022.
3. A perusal of the papers reveal that inadvertently, a typographical error has occurred in Paragraph No.5 of the order dated 30.06.2022. Therefore, paragraph 5 of the order dated 30.06.2022 shall stand replaced with the following:-
5. Having regard to the limited scope of the prayer that is now sought for in this writ petition and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's case in the present writ petition, the Writ Petition is disposed of, with a direction to the third respondent / Tahsildar to 1/8
M.DHANDAPANI,J.
RAP implement the order passed by the second respondent/Special Tahsildar, dated 08.03.2007 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order if there is no legal impediment. No costs.
4. Registry is directed to carry out the necessary correction in the order dated 30.06.2022 and issue fresh copy of the order to the learned counsel for the parties.
5. In other respects, the order dated 30.06.2022 shall remain unaltered. 09.03.2023 RAP 2/8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No. 16442 of 2022 K. Rajinikanth ... Petitioner
Versus
1. The District Collector District Collector Office Ranipet
2. The Special Tahsildar Walajapet (Adi-Dravida Welfare Officer) Walajapet.
3. The Tahsildar Arakkonam Taluk Ranipet District.
4. The Village Administrative Officer Thakkolam, Arakkonam Taluk Ranipet District.
... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent to implement the order passed by the second respondent in Na.Ka.A.No. 1441 of 77 dated 08.03.2007 and consequently direct the fourth respondent to rectify the corrections made in A-Registrar, adangal and chitta of the petitioner's property situated in 3/8
S.F.No.727/44, Plot No. 69, measuring to an extent of 1200 sqft at Thakkolam Village, Arakkonam Taluk, Ranipet District within a stipulated time fixed by this Court.
For Petitioner : Mr. S. Lokesh For Mr.B. Gopalakrishnan For RR 1 to 4 : Mr. Yogesh Kannadasan Special Government Pleader ---
O R D E R
This writ petition is filed seeking for a direction to the fourth respondent to implement the order passed by the second respondent in Na.Ka.A.No. 1441/77, dated 08.03.2007 and for consequential direction to the fourth respondent to rectify the corrections made in A-Registrar, adangal and chitta of the petitioner's property situated in S.F.No.727/44, Plot No. 69, measuring to an extent of 1200 sqft at Thakkolam Village, Arakkonam Taluk, Ranipet District within a stipulated time fixed by this Court.
2. The case of the petitioner is that the Government of Tamil Nadu had issued assignment order in Ref.No.A1441/77, dated 11.04.1984 in S.F.No. 727/44, Plot No. 69 measuring to an 1200 sqft at Thakkolam Village, Arakkonam Taluk, Ranipet District, in favour of one Mrs.Nagammal and she was in peaceful possession and enjoyment of the same. On 12.10.1998, the 4/8
petitioner purchased the aforesaid property from one Nagammal and the same was registered by way of Doc.No.1642/1998 on the file of Sub Registrar Office, Arakkonam and now, he is in peaceful possession and enjoyment of the same without any encumbrance by constructing a small thatched house and the same is reflected in the Encumbrance Certificate. He has also paid property tax to the concerned Authorities. In the year 2007, the petitioner's land mistakenly classified as temple land in the A-Register, Adangal and Chitta by the Revenue Department. The above said land is not a temple land and the petitioner is in peaceful possession and enjoyment of the said land as per the above Sale Deed.
Therefore, the petitioner made a representation to the second respondent/Special Tahsildar requesting to rectify the mistake committed by the Revenue Department in the A-Register, Adangal and Chitta and restore the same. Based on his representation, the Revenue Inspector, Adi-Dravida Welfare Department, Arakkonam, inspected his land and it was found that his land wrongly classified as "temple land" in the A-Register, Adangal and Chitta. As per the report of Revenue Inspector, Adi-Dravida Welfare Department, Arakkonam, the second respondent passed by order dated 08.03.2007 in his proceedings No. Na.Ka.A.
same was forwarded to the respondents for rectifying the corrections made in the A-Register, Adangal and Chitta. But the respondents have failed to rectify the corrections in view of the order passed by the second respondent dated 08.03.2007. Hence, the petitioner has come forward with the present writ petition for the relief stated supra.
3. The learned counsel appearing for the petitioner would submit that the third respondent/Tahsildar has not implemented the corrections made in the A-Register, Adangal and Chitta in view of the order passed by the second respondent/Special Tahsildar dated 08.03.2007 and make necessary corrections in the Revenue records.
4. Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents would submit that the third respondent/Tahsildar will implement the order passed by the second respondent/The Special Tahsildar, dated 08.03.2007, if it is otherwise in order.
5. Having regard to the limited scope of the prayer that is now sought for in this writ petition and taking into account the submissions made on either side, 6/8
without expressing any opinion on the merits of the petitioner's case in the present writ petition, the Writ Petition is disposed of, with a direction to the fourth respondent/Tahsildar to implement the order passed by the second respondent/Special Tahsildar, dated 08.03.2007 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order if there is no legal impediment. No costs. 30.06.2022 msm Speaking Order/ Non Speaking Order Index: Yes/ No To
1. The District Collector District Collector Office, Ranipet
2. The Special Tahsildar Walajapet (Adi-Dravida Welfare Officer), Walajapet.
3. The Tahsildar Arakkonam Taluk, Ranipet District.
4. The Village Administrative Officer Thakkolam, Arakkonam Taluk, Ranipet District. 7/8
M.DHANDAPANI,J.
msm W.P.No. 16442 of 2022 30.06.2022 8/8