M.Arumugam v. The Secretary To Governemnt,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN M. Arumugam ... Petitioner

Versus

1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The District Collector, Collector Office, Tiruvannamalai District.

3. The Revenue Divisional Officer, (R.D.O) Cheyyar Division, Cheyyar, Thiruvannamalai District.

4. The Thasildar, Taluk Office, Vandavasi Taluk, Tiruvannamalai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, direct the 1 to 4th Respondents consider the petitioner representation dated 11.09.2023, consequently direct the 4th Respondent to issuance of PATTA document in favour of the Petitioner in respect of MAHAMAIEE Village Survey No. 27/1, 4 which is total extent of 3.31.5 hectare Ares in 0.68.0 Hectare ares and survey No. 28/1, 2 which is total extent of 0.81.0 hectare Ares. Page No.1 of 6

For Petitioner :

Mr. T.V.G. Kartheeban For Respondents :

Mr. R. Ramanlaal, Additional Adovcate General Assisted by Mr. Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition is filed for issuance of a simple writ of mandamus for a direction the fourth respondent to consider the representation of the petitioner dated 11.09.2023.

2. The case of the petitioner is that the lands in Survey No.27/1, 4 which is total extent of 3.31.5 Hectare Ares in 0.68.0 Hectare Ares and survey No. 28/1 & 2, which is total extent of 0.81.0 hectare Ares, situtated in Mahamaiee Village were agricultural lands, but, these said lands were classified as "Odai Poramboku". Though the said lands were in possession and enjoyment of the petitioner's father for more than two decades, they were wrongly classified as "Odai Poramboku". Therefore, the petitioner approached the Village Administrative Officer to convert the said lands as "Punjai Anathinam". As per the request of the petitioner, the Village Administrative Officer received no objection from the villagers and Page No.2 of 6

announced the said lands are "Punja" lands. Thereafter, on 28.01.2002, by the inner circle Firka Surveyor, steps have been taken on head Survey Department in Chennai to publish the advertisement for the conversion of the said lands as "Punjai Anathinam". Subsequently, a resolution was passed on 04.03.2022 by the Village Panchayat about the issuance of Patta in the petitioner's father's name, since the said lands were culitivated by the petitioner's father for more than 20 years. Therefore, for the conversion of the land classification, the petitioner submitted the documents before the fourth respondent. Since, no steps have been taken by the fourth respondent, the petitioner sent a representation dated 11.09.2023 to the respondents, seeking issuance of Patta in his name for the said cultivating lands. Since no further action has been taken on his representation, the petitioner approached this Court by way of this Writ Petition for the said relief.

3.

Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the fourth respondent to dispose of the petitioner's representation dated 11.09.2023, within a stipulated time as may be fixed by this Court. Page No.3 of 6

4.

Mr. R. Ramanlaal, learned Additional Advocate General appearing for the respondents submitted that the fourth respondent may be directed to consider the petitioner's representation dated 11.09.2023 and to pass appropriate orders on merits and in accordance with law. 5.

Therefore, though the limited prayer is sought for in this Writ Petition, without going into the merits of the case, the fourth respondent is directed to give proper notice to the petitioner and also to the rival claimants/ interested parties, if any, and to conduct an enquiry in a manner known to law and consider the representation of the petitioner dated 11.09.2023 and pass appropriate orders in the manner known to law. The above said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6.

With the above directions, the Writ Petition is disposed of. 29.11.2023 Index : Yes/No Speaking Order : Yes/No Neutral Case Citation : Yes/No Page No.4 of 6

klt To:

1.The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The District Collector, Collector Office, Tiruvannamalai District.

3. The Revenue Divisional Officer, (R.D.O) Cheyyar Division, Cheyyar, Thiruvannamalai District.

4. The Thasildar, Taluk Office, Vandavasi Taluk, Tiruvannamalai District.

Page No.5 of 6

P. VELMURUGAN, J.

klt 29.11.2023 Page No.6 of 6