O.Jothirajan v. The Commissioner Of Survey And Settlement
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI O.Jothirajan .... Petitioner /Vs./ 1.The Commissioner/Director of Survey and Settlement, Ezhilagam, Chepauk, Chennai.
2.The District Collector, Collectorate Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Periyakulam, 4.The District Adhi Dravidar and Tribal Welfare Officer, District Collector Office, 5.The Special Tahsildar, Adhi Dravidar Welfare, 1/6
6.The Tahsildar, Andipatty Taluk, ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to rectify the mistake by correcting the classification of "Adhi Dravidar Natham" to "Rayathu Punjai Land" in respect of property in Survey No.901, Andipatty Bit 1 Village, Andipatty Taluk, Theni District to the extent of 2 acres and 25 cents in the 'A' Register of Tamil Nilam Website on the basis of the letter sent by the second respondent in Na.Ka.No.A1/31767/2023 dated 24.09.2024 and petitioner's representation dated 28.10.2024 within the time limit as stipulated by this Court.
For Petitioner : Mr.I.Romeo Roy Alfred For Respondents : Mr.B.Saravanan Additional Government Pleader
ORDER
The prayer sought for being only issuance of writ of mandamus to dispose of the petitioner's representation, dated 28.10.2024, I am taking up the main writ petition itself for disposal, with the consent of the parties.
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2. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The learned counsel for the petitioner would submit that the petitioner approached the first respondent to rectify the mistake by correcting the classification of 'Adi Dravidar Natham' to 'Rayathu Punjai Land' in respect of his property in S.No.901, Andipatty Bit 1 Village, Andipatty Taluk, measuring 2 Acres and 25 cents. 4.The second respondent in and by the proceedings dated 24.09.2024 has accepted the plea of the petitioner and has recommended for the correction to be made. Ít is the case of the petitioner that the second respondent has accepted the report of the third respondent and recommended for correction of the classification from 'Adi Dravidar Natham' to Rayathu Punjai Land and to issue patta in the petitioner's name.
5. The petitioner's grievance is that despite his representation being given on 28.10.2024, he has been made to run from pillar to post 3/6
for several months for no fault of on his side. Considering that the authorities have already conducted an enquiry and appear to have found that this classification as Adi Dravidar Natham was a mistake, it is incumbent of the competent authorities to consider the said report received from the subordinate authorities and take appropriate action to rectify the mistakes, if any.
6. Therefore, the writ petition is allowed with a direction to the first respondent to look into the representation of the petitioner dated 28.10.2024 and take into account the survey and reports forwarded by the subordinate authorities and take a final decision and pass orders on the petitioner's application in accordance with law and on merits within a period of 4 weeks from the date of receipt of a copy of this order. No costs.
Index : Yes / No NCC : Yes / No 07.02.2025 am 4/6
TO:- 1.The Commissioner/Director of Survey and Settlement, Ezhilagam, Chepauk, Chennai.
2.The District Collector, Collectorate Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Periyakulam, 4.The District Adhi Dravidar and Tribal Welfare Officer, District Collector Office, 5.The Special Tahsildar, Adhi Dravidar Welfare, 6.The Tahsildar, Andipatty Taluk, 5/6
P.B. BALAJI , J.
am Order made in Dated:
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