Madras High CourtWP(MD)/4886/2025disposed of

L. Subramanian v. The Secretary To Government

2025-02-24Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI L.Subramanian ... Petitioner /Vs./

1. The Secretary to Government, Revenue and Disaster Management Department, Secretariate, Chennai-600 009.

2. The Commissioner, Land Administration Department, Chepauk, Chennai-600 005.

3. The Director, Survey and Settlement Department, Chepauk, Chennai-600 005.

4. The District Collector, Tenkasi District, Tenkasi.

5. The District Revenue Officer, Tenkasi District, Tenkasi.

6. The Tahsildar, Kadyanallur Taluk, Tenkasi District.

... Respondents 1/6

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to change the wrong classification of the land in S.Nos.421/1 and 421/2 which correlate to T.S.No.44, Ward-B, Block 6 of Melapuliyankudi Village, Tenkasi District and reclassify the same as a private patta land and issue patta in favour of the petitioner in respect of Punja Land comprised in S.Nos.421/1 and 421/2 which correlate to T.S.No.44, Ward-B, Block 6 of Melapuliyankudi Village, Tenkasi District in the light of the petitioner's representation dated 25.10.2024 and 30.11.2024. For Petitioner : Mr.S.Balamurugan For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has filed the present writ petition, seeking issuance of Writ of Mandamus to direct the respondents 1 to 3 to change the wrong classification of the land and reclassify the same as private patta land and issue patta in favour of the petitioner.

2. Considering the limited scope of the prayer sought for in the writ petitioner, by consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/6

3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The petitioner has made an application for issuance of patta on 25.10.2024, and the same has not been processed on the ground that the online site reflects the petitioner's property as government land. Thereafter, the petitioner has sent a representation to the respondent Nos. 1 & 3 to rectify the said error.

5. The learned Additional Government Pleader would submit that the petitioner's vendors names have not been uploaded in the register, despite the fact that they were issued manual patta. In view of the above, unless the vendor's name is incorporated in the computerized records, the application of the petitioner cannot be processed. He would also further submit that the Revenue Divisional Officer, Tenkasi is the competent authority. However, the Revenue Divisional Officer, Tenkasi is not impleaded as respondent in the present writ petition. 3/6

6. Considering the above, the writ petition is disposed of with the following terms.

The petitioner shall make a fresh representation to the Revenue Divisional Officer, Tenkasi to issue patta to the petitioner's vendors, by taking note of the revenue records standing in their name which is evident by the Town Survey Register extract dated 28.09.2024. On such application being made by the petitioner, the Revenue Divisional Officer, Tenkasi shall takes steps to verify the petitioner's entitlement based on the purchase said to have been made from the legal heirs of Rajamani, namely Vijayakumar and Anthonysamy and subject to the petitioner satisfying the entitlement of mutation of patta, the Revenue Divisional Officer, Tenkasi shall upload the vendors names and thereafter effect mutation in favour of the petitioner, if the petitioner is found to be entitled, in accordance with law.

ii) The Revenue Divisional Officer, Tenkasi shall pass orders on the petitioner's application within a period of eight weeks from the date of receipt of any such application from the petitioner. 4/6

7. With the above said observations, this writ petition is disposed of. No costs.

Index : Yes / No 24.02.2025 NCC : Yes / No gvn 5/6

P.B. BALAJI , J.

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