Velu v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2024

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Velu : Petitioner Vs.

1.The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

3.The Village Administrative Officer, Koothalur Group, Karaikudi Taluk, Sivagangai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to change the classification of the land in S.No.120/3 in Koothalur Village, Karaikudi Taluk and consequently issue patta in the name of the petitioner by considering the representation dated 29.11.2023 within the time frame fixed by this Court.

1/6

For Petitioner : Mr.M.Vijay Prabhakaran For Respondents 1 to 3 : Mrs.K.Christy Theboral Additional Government Pleader

O R D E R

*********** This Writ Petition is filed seeking for a direction to the first respondent to change the classification of the land in S.No.120/3 in Koothalur Village, Karaikudi Taluk and for a consequential direction to issue patta in the name of the petitioner by considering the petitioner's representation dated 29.11.2023. 2.Heard Mr.M.Vijay Prabhakaran, learned Counsel appearing for the petitioner and Mrs.K.Christy Theboral, learned Additional Government Pleader who accepts notice for the respondents.

3.By consent, the main Writ Petition itself is taken up for final disposal at the admission stage itself. 4.According to the petitioner, there is a temple namely Mayachinnan temple in the petitioner's village, which belong to the petitioner's community. The petitioner and 3 others purchased a land in S.No.120/3 in Koothalur Village, Karaikudi Taluk for the said 2/6

temple. The said land was purchased from one Palaniyandi, son of Alagan through a registered sale deed vide Doc.No.6565 of 2009 dated 29.10.2009. Thereafter, the petitioner and others made a representation to the second respondent for transfer of patta in their name but the same was kept pending. Meantime, they came to know that the said land has been wrongly classified as 'Government Poromboke' in the revenue records. Further it is stated that as on date, the patta stands in the name of their vendor Palaniyandi but the classification shows that it is a Government Poromboke. Therefore, they made a representation to the respondents on 29.11.2023, which is kept pending till date. Hence, the petitioner is before this Court with the present Writ Petition. 5.

The learned Additional Government Pleader appearing for the respondents would submit that the Village Administrative Officer has given a report stating that the patta for the land in question initially stood in the name of one Thaineesh Pillai vide patta No.542 and thereafter, it came to be transferred to one Palaniyandi, who is the petitioner's vendor. The Village Administrative Officer also admitted the fact that later the petitioner and others purchased the said property from Palaniyandi and they are in possession and enjoyment of the same for the past 20 years.

petitioner's request will be considered by the respondents within a period of eight [8] weeks.

6.Considering the above facts, this Court directs the first respondent to consider the representation of the petitioner and change the classification of the land in S.No.120/3 in Koothalur Village, Karaikudi Taluk in the revenue records. The first respondent is further directed to issue patta in the name of the petitioner and 3 others. The above exercise shall be completed within a period of eight [8] weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 01.02.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Karaikudi Taluk, Sivagangai District.

3.The Village Administrative Officer, Koothalur Group, Karaikudi Taluk, Sivagangai District.

5/6

V.BHAVANI SUBBAROYAN , J.

MR 01.02.2024 6/6