Lakkaiyan v. The District Collector
W.P(MD)No.5109 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.5109 of 2020 Lakkaiyan ... Petitioner Vs.
1.The District Collector, Karur District.
2.The Revenue Divisional Officer, Kulithalai Division, Karur District.
3.The Tahsildar, Kadavur Taluk, Karur District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to include S.No.407/6 in Patta No.754, Thondamanginam Village, Kadavur Taluk, Karur District by reclassification of the land on the basis of the petitioner's representation dated 16.06.2017 on application No.109/2017 and include in the computerization of the revenue records. For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.
ORDER
The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondents to include S.No.407/6 in Patta No.754, Thondamanginam Village, Kadavur Taluk, Karur District by re-classification of the land on the basis of the petitioner's representation dated 16.06.2017 on application No.109/2017 and include in the computerization of the revenue records.
2.According to the petitioner, he is in possession and enjoyment of the properties in Survey Nos.407/4, 407/3A, 407/3B and 407/6 measuring 2 acres 53 cents in Thondamanginam Village, Kadavur Taluk, Karur District through a registered sale deed dated 11.07.1994 and patta No.754 stands in his name in the said survey numbers. Thereafter, the petitioner came to know that three survey numbers viz., 407/4, 407/3A and 407/3B were found in the patta and Survey No.407/6 was not found in the patta. Hence, the petitioner made a representation to the respondents to include the said survey https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.5109 of 2020 number in patta. Subsequently, the Village Administrative Officer enquired into the matter and recommended to include Survey No.407/6 in the patta on 27.06.2017. The aforesaid recommendation was accepted by the third respondent. Since the respondents have not passed any order to change the classification, the petitioner has filed the present Writ Petition.
3.The learned Additional Government Pleader appearing for the respondent submitted that the application of the petitioner is pending before the first respondent and after enquiry is concluded, final orders will be passed on merits and in accordance with law, within a period of six weeks.
4.In view of the submission made by the learned Additional Government Pleader, this Court directs the first respondent to consider the representation of the petitioner dated 16.06.2017 in application No.109/2017 and pass appropriate orders on merits and in accordance in law, within a period of eight weeks from the date of receipt of a copy of this order.
5.With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. PS To 1.The District Collector, Karur District.
2.The Revenue Divisional Officer, Kulithalai Division, Karur District.
3.The Tahsildar, Kadavur Taluk,Karur District.
+1 CC to M/s.K.C.RAMALINGAM, Advocate ( SR-13222[F] dated 24/07/2020 +1 CC to M/s.Spl.GP ( SR-13252[F] dated 27/07/2020 ) Order made in W.P.(MD)No.5109 of 2020 SMA/30/07/2020/2P/6C Dated:23/07/2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2