S.Kalyanraman v. The Director Of Land And Survey
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.19935 of 2021 S.Kalyanaraman .... Petitioner Vs
1. The Directorate of Land & Survey Office of the Directorate of Land & Survey Ezhilagam, Chepauk CHennai-600 005.
2. The Urban Land Tax Officer Office of the Urban Land Tax Officer District Collectorate Office Thanjavur Trichy Road Thanjavur-613 007
3. The Revenue Divisional Officer Office of the Revenue Divisional Officer Thanjavur.
....
Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to remove the remark in the A-register as 'Anadinam' in respect of property comprised in Town Survey Nos.3042, 3043, 3044, 3045, 3047, 3048 and 3049 with corresponding Old Survey Nos.369, 371, 372, 374, 380, 379 and 378 in all of an extent of Acre 55.46 cents of land situated in No.20, Nilagiri Therku Thottam Village, Tanjavur Taluk, Tanjavur District stands in the name of the petitioner. For Petitioner : Mr. M.Premkumar For Respondents : Mr. P.Baladhandayutham Special Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the 1st respondent to remove the remark in the A-register as 'Anadinam' in respect of the property
comprised in Town Survey Nos.3042, 3043, 3044, 3045, 3047, 3048 and 3049 with corresponding Old Survey Nos.369, 371, 372, 374, 380, 379 and 378 for the total extent of 55.46 cents situated at No.20, Nilagiri Therku Thottam Village, Tanjavur Taluk, Tanjavur District stands in the name of the petitioner.
2. Heard, Mr. M.Premkumar, learned counsel appearing for the petitioner and Mr.P. Baladhandayutham, learned Special Government Pleader appearing for the respondents.
3. The case of the petitioner is that the property comprised in Survey No. 1/1, Town Survey No.42/8 situated in Block No.74, Ward No.4, Thanjavur District stands in the name of the petitioner. The said property was originally purchased by his grandfather by a registered sale deed dated 20.12.1939. Thereafter, his grandfather entered into a registered partition deed along with his grandson on 21.04.1955. As per the said partition, the property comprised in survey Nos.389, 379, 380, 371, 372, 374 and 369 for an total extent of 55.46 acres have been allotted to the share of one Sabapathi Pillai. The said Sabapathi Pillai executed a gift deed in favour of his daughters in respect of the properties admeasuring 20.99 acres, out of the total extent of 55.46 acres.
One of his daughter executed a Will in favour of the petitioner in respect of the property, which was settled in her favour in the year 1966 itself. The subject land was converted into house plots by obtaining planning approval from the Thanjavur Planning Commission and the same was sub-divided. Thereafter, the name transfer was effected in favour of the petitioner in the revenue records.
4. However, 'A' Register in the Column marked for remarks the nature of the property being mentioned as 'Anadinam'. Therefore, the property is dealt with accordingly and after getting twice approval from DTP, the plots were sold to various parties and they have obtained sub-division and also paid necessary tax to the authorities concerned. Thereafter, the District Revenue Officer, Thanjavur recommended to remove the remarks in the 'A' Register viz., 'Anadinam', even then, the same was not corrected till today. Therefore, the petitioner made a representation before the authorities concerned for consideration. On receipt of the request made by the petitioner, the first respondent called for report from the District Collector, Thanjavur and informed that after getting orders from the Government, it can be rectified. In this regard, the District Collector, Thanjavur, called for reports from the concerned Tahsildar and it is pending for enquiry.
5. Considering the above, the first respondent is directed to pass orders on the request made by the petitioner with regard to rectification of the remarks in the 'A' Register as
'Anandinam' in respect of the property comprised in Town Survey Nos.3042, 3043, 3044, 3045, 3047, 3048 and 3049 with corresponding Old Survey Nos.369, 371, 372, 374, 380, 379 and 378 total extent of 55.46 cents situated at No.20, Nilagiri Therku Thottam Village, Tanjavur Taluk, Tanjavur District, after receipt of the report from the District Collector, Thanjavur, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Lpp To
1. The Directorate of Land & Survey Office of the Directorate of Land & Survey Ezhilagam, Chepauk CHennai-600 005.
2. The Urban Land Tax Officer Office of the Urban Land Tax Officer District Collectorate Office Thanjavur Trichy Road Thanjavur-613 007
3. The Revenue Divisional Officer Office of the Revenue Divisional Officer Thanjavur.
+2ccs to M/s.M.Ramkumar, Advocate, S.R.No.68449 +1cc to the Government Pleader, S.R.No.68670 W.P.No.19935 of 2021 PR(CO) SU(21/01/2022)