K.Krishnan v. The District Collector

In the High Court of Judicature at Madras Dated : 29.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.35208 of 2024 K.Krishnan

...Petitioner

Vs 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Sriperumbudur Taluk, Kancheepuram District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to reclassify the land to an extent of 1.73 acres in survey No.133, Balnallur (Vadekkal A) Village, Sriperumbudur Taluk, Kancheepuram District by considering the petitioner's representation dated 11.3.2024 within the time frame to be fixed by this Court. For Petitioner :

Mr.C.Munusamy For Respondents :

Mr.R.P.Murugan Raja, GA

ORDER

Seeking a Mandamus to the respondents to consider the 1/4

petitioner's representation dated 11.3.2024 for the reclassification of his land measuring an extent of 1.73 acres in survey No.133, Balnallur (Vadekkal A) Village, Sriperumbudur Taluk, Kancheepuram District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.

3. The petitioner would contend that his father purchased the subject property under a registered sale deed dated 29.8.1960 vide doc.No.2770 of 1960 on the file of the Sub-Registrar, Sriperumbudur. His father died on 30.11.1981. The petitioner's sister and brother also died and the petitioner alone is the only surviving legal heir. After the demise of his father, the petitioner inherited the subject property and is in possession and enjoyment of the same. He is cultivating the land to eke his livelihood. During November 2022, for the purpose of raising loan, the petitioner approached the Village Administrative Officer concerned. However, to his shock and surprise, the petitioner was informed that the subject property has been classified as 'thoppu poramboke'. Ever since the date of purchase, the petitioner's father was in possession and enjoyment of the subject property. The encumbrance certificate also reveals the name of the father of the 2/4

petitioner. The petitioner also sent a representation dated 11.3.2024 to the respondents and other officials seeking reclassification of the subject property. However, nothing was forthcoming. Hence, the petitioner is before this Court.

4. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the respondents to consider the said representation of the petitioner dated 11.3.2024 for reclassification of the subject property and pass appropriate orders thereon within a period of twelve weeks from the date of receipt of a copy of this order by following due process of law. No costs. 29.11.2024 To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Sriperumbudur Taluk, Kancheepuram District.

RS 3/4

P.T.ASHA,J RS 29.11.2024 4/4