Anandhapadhmanabhan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Anandhapadhmanabhan ... Petitioner vs.

1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, Villupuram.

3.The Tahsildhar, Marakkanam Taluk, Villupuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner representation dated 03.04.2024 consequently direct the respondents 1 to 3 to rectify the status of our land from "Tharisu" into agricultural land and issue patta to us with respect to the property bearing S.No.236, New Survey Number 306 in Marakkanam Village, Tindivanam Taluk, Villupuram District admeasuring 2.64 acres. 1/4

For Petitioner : Mr.S.N.Subramani For Respondents : Mr.S.J.Mohamed Sathik Government Advocate

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 3 to consider his representation dated 03.04.2024 and pass orders for issue of patta in his name in respect of land bearing S.No.236, New Survey No.306 in Marakkanam Village, Tindivanam Taluk.

2. According to the petitioner, he and his predecessor have been in possession and enjoyment of the above mentioned land for more than eight decades and the land has been wrongly classified as "Tharisu" land in the revenue records. Therefore, the petitioner submitted a representation on 03.04.2024 seeking rectification of the same and issue of patta in the name of the petitioner based on various title documents relied on him.

3. The learned Government Advocate taking notice for the respondents 1 to 3 on instructions submitted that the subject land has been classified as government poramboke land for very long time. He also 2/4

produced the copy of the old 'A' register wherein, the subject land has been classified as Government Punjai Tharisu. Since neither the petitioner nor the purchaser had taken any step for several years to rectify the alleged mistake in the revenue documents, the respondents cannot be directed to delete the nomenclature in the revenue documents, with regard to the character of the land unless the petitioner establishes his right in a regularly instituted Civil Proceedings.

4. Therefore, this Court is not inclined to issue any direction to the petitioner as prayed for. However, it is open to the petitioner to approach the Civil Court to establish his right in the manner known to law.

5. Accordingly, this writ petition is dismissed. No costs. 23.08.2024 Index : Yes/No Speaking order:Yes/No ub 3/4

S.SOUNTHAR, J.

ub To 1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, Villupuram.

3.The Tahsildhar, Marakkanam Taluk, Villupuram District.

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