Jayam C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.161 of 2024 C.Jayam ... Petitioner vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The District Revenue Officer, Pudukottai District, Pudukottai.

3.The Tahsildar, Taluk Office, Alangudi, Pudukottai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent i.e., the District Revenue Officer, Pudukkotai to take appropriate action on the petitioner's representation dated 14.08.223 for re-transferring the lands in question i.e., S.No.322-10C and 336-6 in the petitioner's name and to register the land in question in S.No.322-13 in the name of the 1/6

petitioner situated in Vadagadu Village, Alangudi Taluk, Pudukkottai District, which is lying vacant, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.D.Gandhi Rajan Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent to take appropriate action on the petitioner's representation dated 14.08.223 for re-transferring the lands in question i.e., S.No.322-10C and 336-6 in the petitioner's name and to register the land in question in S.No.322-13 in the name of the petitioner situated in Vadagadu Village, Alangudi Taluk, Pudukkottai District, which is lying vacant.

2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 2/6

3. According to the petitioner, he has purchased the lands situated in Vadagadu Village, Alangudi Taluk, Pudukottai District on 23.08.1999 and he has been in possession and enjoyment of the same till date. The copy of the Adangal also shows that the land in question is under the petitioner's enjoyment. But in the UDR Scheme, the land in S.No. 322-10C has been registered in the name of R.Ramasamy and the land in S.No.336-6 has been registered in the name of Ramalingam, Veeran, Kannuchamy, without proper verification and enquiry. The land in S.No. 322-13 is Village Natham and it is registered as vacant land. Hence, the petitioner has given a representation on 14.08.2023, on the grievance day, for transferring the name of the lands mentioned above in his name. The District Revenue Officer, Pudukottai has simply forwarded the petitioner's representation to the Tahsildar, Alangudi. However, till date no action has been taken. Hence, the present writ petition has been filed.

4. The learned Government Advocate appearing for the respondents would submit that the petitioner is not entitled for such 3/6

mutation as the property stands in the name of third parties.

5. Without assigning any reason, the learned counsel for the petitioner prays this Court to consider the petitioner's representation and pass appropriate orders, after holding an enquiry by the authorities concerned.

6. There is no materials available on record regarding how the petitioner is claiming right over the property, except stating that he has purchased the said property in the year 1999 and till date he is in possession and he is not in a position to show any other material that he is in possession of the said property and the patta produced also stands in the name of one Ramalingam, Veeran and Kannuchamy. However, considering the above stated restricted prayer, this Court directs the second respondent to consider the petitioner's representation dated 14.08.2023 and pass appropriate orders, after giving an opportunity to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order.

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7. With the above direction, this Writ Petition is disposed of. No costs.

03.01.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No akv To 1.The District Collector, Pudukottai District, Pudukottai.

2.The District Revenue Officer, Pudukottai District, Pudukottai.

3.The Tahsildar, Taluk Office, Alangudi, Pudukottai District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P.(MD)No.161 of 2024 05.01.2024 6/6