M.Sekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

29..07..2024 Coram THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Writ Petition No.19468 of 2024 M.Sekar ..... Petitioner -Versus1.The District Collector, District Collector Office, Tiruvallur 602 001.

2.The District Revenue Officer, Bharathiyar Street, SP Nagar, Tiruvallur, Kakkalur 602 003.

3.The Revenue Divisional Officer, Kasinathapuram, Tirutani 631 209.

4.The Tahsildar, Tiruttani Taluk Office, Pattabiramapuram, Tiruttani 631 209.

5.The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chennai 600 005.

[5th respondent impleaded as per the order of this court dated 29.07.2024 made in W.M.P.No.23283 of 2024] ..... Respondents Petition filed under Article 226 of the Constitution of India, praying to

issue a Writ of Mandamus directing the respondents 1 to 3 to remove the classification of 'anaadeenam' in the UDR A-Register and issue a computerised patta in the name of the petitioner in respect of S.No.142/2, measuring an extent of 1.56 acres of land situated at Kalambakkam Village, Tiruttani Taluk, Tiruvallur District, within a time frame to be stipulated by this court. For Petitioner : Mr.R.Ezhilarasan For Respondent (s) : Mr.S.J.Mohamhed Sathik, GA for RR 1 to 5

ORDER

This writ petition has been filed seeking a writ in the nature of mandamus, directing the respondents 1 to 3 to remove the classification 'anaadeenam' in the UDR A-Register in respect of land measuring an extent of 1.56 Acres comprised in S.No.142/2,Kalambakkam Village, Tiruttani Taluk, and issue a computerized patta for the said property in the name of the petitioner.

2. The case of the petitioner is that his father purchased Acres 1.81 cents in S.No.142/2 through three different sale deeds and was in continuous possession and enjoyment of the same. During his life time, his father executed a Will in favour of the petitioner and his brothers. As per Will Acre 1.56 cents of land was bequeathed in his favour. Therefore, he gave a representation along

with the SLR copy showing that the vendors of his father were pattadars. Without considering the same, the 4th respondent rejected his representation on 29.08.2023. The 4th respondent has no power to enquire, alter or correct error or mistake in the UDR. Therefore, he gave representations to the respondents 1 to 3 to remove the classification of the land and issue a computerised patta in his name. The grievance of the petitioner is that his representation in this regard has not been considered till this date. Hence, this writ petition.

3. Heard both sides.

4. Mr.S.J.Mohamhed Sathik, learned Government Advocate, taking notice on behalf of the 5th respondent would submit that 5th respondent is the authority competent to consider any request for change of classification of land from anaadheenam to ryotwari patta recorded in the UDR A-Register and therefore, the petitioner may be directed to give a fresh representation to the 5th respondent.

5. Admittedly, no representation has been made to the impleaded 5th respondent, who is the authority to order for change of classification of a land, and therefore, the petitioner is directed to give a representation to the 5th respondent along with supporting documents within a period of two weeks from the date of receipt of a copy of this order and on receipt of such

representation, the 5th respondent shall consider the representation of the petitioner for change of classification of entire land in S.No.142/2, Kalambakkam village from anaadheenam to ryotwari patta and issuance of computerised patta in his name, on merits and pass appropriate orders after giving an opportunity of hearing to the petitioner or any other interested parties, if any, as per the law within a period of eight weeks thereafter. This writ petition is disposed of accordingly with the above directions. No costs.

Index : yes / no 29 ..07..2024 : yes / no Speaking / Non Speaking Order kmk Note: Issue order copy on or before 05.08.2024. To 1.The District Collector, District Collector Office, Tiruvallur 602 001. 2.The District Revenue Officer, Bharathiyar Street, SP Nagar, Tiruvallur, Kakkalur 602 003.

3.The Revenue Divisional Officer, Kasinathapuram, Tirutani 631 209. 4.The Tahsildar, Tiruttani Taluk Office, Pattabiramapuram, Tiruttani 631 209. 5.The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chennai 600 005.

N.SATHISH KUMAR.J., kmk 29..07..2024