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Madras High CourtWP/17508/2023disposed of

N.Palanisamy v. The District Collector

2026-03-27Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No.16646 of 2023 N.Palanisamy ..Petitioner(s) Vs

1. The District Collector, Collectors Office, Erode- 11.

2. The Sub- Collector, The Sub Collector Office, Sathyamangalam- Erode Main Road, Gobichettipalayam, Erode District- 638 452.

3. The Tashildar, Taluk Office, Sathyamangalam Taluk, Erode District- 638 402.

..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus, to direct the Respondents 1 to 3 to reclassify the lands comprised in S.F.Nos.249/3, 249/4 and 252/2 of Puthukalaiyanur Village, Sathyamangalam Taluk, Erode District from "Land Reform surplus lands" to "Patta lands" in the revenue records and consequently issue patta in the name of the petitioner for the lands comprised in S.F. Nos.249/3, 249/4 and 252/2 of Puthukalaiyanur Village, Sathyamangalam Taluk, Erode District. For Petitioner(s):

Mr.M.Roshan Atiq For Respondent(s):

Mr.C.Gowthamaraj, Government Advocate

ORDER

This writ petition is filed to direct the respondents 1 to 3 to reclassify the lands comprised in S.F. Nos.249/3, 249/4 and 252/2 of Puthukalaiyanur Village, Sathyamangalam Taluk, Erode District from "Land Reform surplus lands" to "Patta lands" in the revenue records and consequently issue patta in the name of the petitioner for the lands comprised in S.F. Nos.249/3, 249/4 and 252/2 of Puthukalaiyanur Village, Sathyamangalam Taluk, Erode District.

2. Learned counsel for the petitioner would submit that a land to an extent of 7.12 acres in S.F.Nos.249/3, 249/4 & 252/2 of Puthukalaiyanur Village was originally assigned to one Mr.Palani Gounder under the Tamil Nadu Land Reforms (Disposal of surplus land) Rules dated 12.05.1968 with a bar on alienation for a period of 15 years. After the expiry of said period, the petitioner's father has purchased a specific extent of 2.88 acres of the assigned land vide two sale deeds dated 26.05.1983 and 06.06.1983. This being so, by virtue of the proceedings in Na.Ka.No.11319/8/E2 dated 27.04.1993, passed by the Assistant Commissioner (land reforms), Erode, the Village Administrative Officer and other Revenue Officials intend to assign the petitioner's land to some landless persons, which was challenged by one Mr.R.Palanisamy, who has purchased some extent from the aforesaid assigned land. Thereafter, the said proceedings were quashed by the Land Commissioner on 25.07.1998 and confirmed the validity of title of subsequent purchasers of the assigned land.

Despite the said order dated 25.07.1998, the revenue officials classified the lands as "Land Reforms Surplus Lands" and taking steps to assign the same to the landless people. In order to re-classify the land from surplus land to patta land, the petitioner has sent several representations to the respondents. However, the same was not considered, as on date. Hence, this writ petition.

3. Learned Government Advocate appearing for the respondents would submit that the representation will be considered by the respondents.

4. Heard the learned counsel on either side and perused the materials available on record.

5. In the case on hand, the original assignment was cancelled on 27.04.1993 under the pretext that the original owner has violated the terms of assignment. Subsequently, the said cancellation of assignment was set aside on 25.07.1998. Since the assignment was cancelled on 27.04.1993, it was recorded in the revenue records as "surplus land" and the same was not removed, thereafter.

6. In the present case, the cancellation of assignment dated 27.04.1993 was set aside by virtue of the order dated 25.07.1998. Hence, the petitioner's land should no longer be classified as surplus land in the revenue records.

Therefore, this Court directs the second respondent to re-classify the petitioner's land as "patta land" from "surplus land" and enter the same in the revenue records, within a period of four weeks from the date of receipt of a copy of this order. Further, in the event, the petitioner makes any representation for issuance of patta for the aforesaid land, the respondents are directed to issue the same by following due process of law.

With the aforesaid observation and direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

27-03-2026 Index: Yes/No Speaking/Non-speaking order vm

To

1. The District Collector, Collectors Office, Erode- 11.

2. The Sub- Collector, The Sub Collector Office, Sathyamangalam- Erode Main Road, Gobichettipalayam, Erode District- 638 452.

3. The Tashildar, Taluk Office, Sathyamangalam Taluk, Erode District- 638 402.

KRISHNAN RAMASAMY, J.

vm 27-03-2026