R.Thirupathy v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM R.Thirupathy
...Petitioner
Vs.
1.The Tahsildar, Coimbatore South Taluk, Hosur Road, Coimbatore District.
2.The Head Surveyor, Land Survey Inspector, Coimbatore South Taluk, Hosur Road, Coimbatore District.
3.The Surveyor, Town Sub-Inspector of Survey, Coimbatore Municipality Corporation East, Singanallur, Coimbatore Corporation.
4.The Village Administrative Officer, Uppilipalayam Village, Coimbatore South Taluk, Coimbatore District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to effect
mutation of the name of the petitioner in the revenue records viz., Patta, Chitta, Adangal etc., by implementing the order passed by the 1st respondent dated 27.02.2019 in Na.Ka.No.508/2019 in respect of the property situated at Uppilipalayam Village, Coimbatore Taluk, Coimbatore, comprised in S.F.No.655 and 656/1 to an extent of Acre 1.72 cents based on the representation dated 24.06.2019.
For Petitioner :
Mr.P.Anandakumar For Respondents :
Mr.T.Arunkumar Additional Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the respondents to effect mutation of the name of the petitioner in the revenue records viz., Patta, Chitta, Adangal etc., by implementing the order passed by the 1st respondent dated 27.02.2019 in Na.Ka.No.508/2019 in respect of the property situated at Uppilipalayam Village, Coimbatore Taluk, Coimbatore, comprised in S.F.No.655 and 656/1 to an extent of Acre 1.72 cents based on the representation dated 24.06.2019. 2.The learned Additional Government Pleader brought to the notice of
this Court that the subject property in the present writ petition had already been acquired by the Government and the property was handed over to Tamil Nadu Water Supply and Drainage Board [TWAD] for public projects. 3.When the subject lands were acquired and an award was passed, there is no reason to consider the relief as such sought for in the present writ petition. In this regard, the counter filed by the respondents reads as under: "4.The said lands of the Survey Nos.655, 656/1 of Uppilipalayam Village of Coimbatore South Taluk, Coimbatore District originally belong to Tamil Nadu Water and Drainage Board. The subject lands are under the possession of the TWAD as known to one and all obviously. The said lands were acquired by the Government in the year 1979. The award amount for the land acquisition has also been pronounced by Award No.8/1979 to the then land owners and accordingly the compensation amounts too were disbursed.
Subsequently, the changes of the owners names in the revenue records carried out vide this office ref no:Tk8A/67/1389 dated 10.10.1979 in favour of TWAD. Since then the lands have been under the enjoyment of the TWAD Board. Thereafter the subject lands were
assigned to Coimbatore Corporation for continuous maintenance on 09.10.1998 by TWAD. Now the Coimbatore Corporation has proposed to construct a drainage water purification unit in the said lands and accordingly they are carrying out the construction works therein and they were in half way mark."
4.Accordingly, the writ petition stands closed. No costs. 07.09.2023 cse Index:Yes/No Speaking order/Non-speaking order
To 1.The Tahsildar, Coimbatore South Taluk, Hosur Road, Coimbatore District.
2.The Head Surveyor, Land Survey Inspector, Coimbatore South Taluk, Hosur Road, Coimbatore District.
3.The Surveyor, Town Sub-Inspector of Survey, Coimbatore Municipality Corporation East, Singanallur, Coimbatore Corporation.
4.The Village Administrative Officer, Uppilipalayam Village, Coimbatore South Taluk, Coimbatore District.
S.M.SUBRAMANIAM, J.
cse 07.09.2023