N. Jayavelmurugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P.(MD)No.380 of 2025 N. Jayavelmurugan ... Petitioner /Vs./

1. The District Collector Thanjavur District, Thanjavur.

2. The District Revenue Officer Thanjavur District, Thanjavur.

3. The Revenue Divisional Officer, Pattukottai Taluk, Thanjavur District.

4. The Tahsildar Pattukottai Taluk, Thanjavur District.

5. The Reginal Deputy Tahsildar Tahsildar Office, Pattukottai Taluk, Thanjavur District.

... Respondents 1/6

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent vide his proceedings in Na.Ka. No.1524767/2022/u(2) dated 23.01.2024 and quash the same and consequently directing the respondents to change the classification of S. No.122/12 of Aladikumulai Post, Pattukottai Taluk , Thanjavur, as patta land instead of Tharisu land and issue patta in favour of the petitioner within the period that may be stipulated by this Court. For Petitioner : Mr.M.Mohamed Zamil for M/s. Ajmal Associates For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

This Writ Petition has been filed seeking issuance of Certiorarified Mandamus, to set aside the order of the second respondent dated 23.01.2024, rejecting the request of the petitioner for mutation of records in favour of the petitioner.

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2. The case of the petitioner is that his grandfather and grandfather's brothers had been in long possession in enjoyment of the subject lands and originally, survey No.121/ 8C has been subsequently assigned as survey Nos. 121/ 12, 121/13, 121/18 and 121/9. The petitioner relies on the patta granted to his grandfather's brothers and their family, leaving out the petitioner alone. The reason for rejection by the authorities is on the ground that the UDR reflects the present survey number, in which the claim is made by the petitioner as "Tharisu" land and the Authority has also recorded the reasons that the petitioner was not able to substantiate his claim by production of satisfactory documentary evidence. There is no informity in the order passed by the authorities and I am unable to set aside the same on the ground set out in the Writ Petition.

3. However, the learned counsel for the petitioner submits that an opportunity may be given to the petitioner to make a fresh application for the correction to be made and patta to be issued by producing relevant documents. Though this Writ Petition is dismissed, the petitioner is 3/6

granted liberty to approach the respondents and if the petitioner is able to satisfy the respondents about the mistake in the classification of the survey number as "Tharisu" land by establishing title to the subject land by producing relevant and satisfactory documentary evidence, then the Authorities may consider the same on merits and in accordance with law.

4. With the above observation, this Writ Petition stands dismissed. No costs. Consequently, connected Miscelleneous Petition is closed. Index : Yes / No NCC : Yes / No 05.02.2025 LS 4/6

TO:-

1. The District Collector Thanjavur District, Thanjavur.

2. The District Revenue Officer Thanjavur District, Thanjavur.

3. The Revenue Divisional Officer, Pattukottai Taluk, Thanjavur District.

4. The Tahsildar Pattukottai Taluk, Thanjavur District.

5. The Reginal Deputy Tahsildar Tahsildar Office, Pattukottai Taluk, Thanjavur District.

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P.B. BALAJI , J.

LS Order made in Dated:

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