D.Vachalammal v. The District Collector
In the High Court of Judicature at Madras Dated : 17.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.37706 of 2024 D.Vachalammal
...Petitioner
Vs 1.The District Collector, Kanchipuram District, Kanchipuram-631501.
2.The Revenue Divisional Officer, Kanchipuram-631501.
3.The Tahsildar, Taluk Office, Walajabad-631605.
Kanchipuram District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus against respondents 1 to 3 directing them to revoke the classification of the petitioner's land in S.No.261/3 measuring an extent of 3.40 acres in Uthukaadu Village, Walajabad Taluk, Kanchipuram District as anaadeenam and to grant ryotwari patta to the petitioner for the said land in recognition of the petitioner's lawful title and exclusive possession and enjoyment in it on the basis of the petitioner's representations dated 22.1.2024 and 02.9.2024.
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For Petitioner :
Mr.S.Subramanian For Respondents :
Mr.A.Selvendran, SGP
ORDER
Aggrieved by the classification of her ryotwari land as anaadheenam land, the petitioner is before this Court seeking a Mandamus to the respondents to revoke the wrong classification.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is as follows : (i) The lands measuring 3.40 acres in S.No.261/3 in Uthukaadu Village, Walajabad Taluk, Kanchipuram District originally belonged to Tirumala Tirupathi Devasthanam at Tirupathi. Pursuant to a public auction conducted on 29.5.1962 by the Tirumala Tirupathi Devasthanam, the petitioner's husband purchased the said property vide sale deed dated 26.12.1963 registered as doc.No.24 of 1964 on the file of the Sub-Registrar, Walajabad. Since then, the petitioner and her husband were in possession and enjoyment of the said property. Immediately after the purchase of the said land, the petitioner's husband had been requesting the respondents for patta transfer. After 2/5
his demise on 08.4.2015, the petitioner has continued to make the same request after obtaining consent from her children. But, the respondents have not passed any orders. When the petitioner inspected the revenue documents, she came to know that the said property has been classified as anaadheenam. Further, the representations made in this regard to rectify the said mistake have not been taken into consideration. Hence the writ petition.
4. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.
5. The copies of documents enclosed along with the affidavit filed in support of the writ petition would indicate that even as early as 1963, the said property was described as punja land and that it is for the vendee i.e the petitioner's husband to apply and get the revenue records mutated in his name. Though the petitioner promptly sent a representation dated 22.1.2024 to the second respondent and another representation dated 02.9.2024 to the first respondent seeking reclassification, the same are still pending.
6. Accordingly, the writ petition is allowed and a Mandamus is 3/5
issued to the respondents to consider the representation dated 22.1.2024 and the reminder dated 02.9.2024 for reclassification of the said property and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs. 17.12.2024 To 1.The District Collector, Kanchipuram District, Kanchipuram-631501.
2.The Revenue Divisional Officer, Kanchipuram-631501.
3.The Tahsildar, Taluk Office, Walajabad-631605.
Kanchipuram District.
RS 4/5
P.T.ASHA,J RS 17.12.2024 5/5