Heeralal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025 CORAM :
THE HON'BLE MR.JUSTICE P.B.BALAJI Heeralal ... Petitioner Vs
1. The District Collector, O/o.The District Collector, Madurai District.
2. The District Revenue Officer, O/o.District Revenue Officer, Madurai District.
3. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Melur Taluk, Madurai District.
4. The Tahsildar, O/o.The Tahsildar, Melur Taluk, Madurai District.
5. The Village Administrative Officer, O/o.The Village Administrative Officer, Pathinettangudi Village, Melur Taluk, Madurai District.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondent no.3 to delete the wrong entry of the petitioner's patta land comprised in Survey No.26/6A1 situated in Pathinettangudi Village of Melur Taluka, Madurai District as Government Panchami Land in revenue records subsequently direct the respondent no.3 to reissue the patta in the petitioner's name based on petitioner;s representation dated 06.12.2024.
For Petitioner : Mr.SMA Jinnah, For Respondents : Mr.M.Lingadurai Special Government Pleader
O R D E R
The petitioner seeks for issuance of writ of Mandamus to direct the third respondent to delete the wrong classification of the petitioner's patta land as Government Panchami land and subsequently to re-issue the patta in the petitioner's name. The petitioner has given a representation in this regard on 06.12.2024 and seeks for speedy disposal of the said representation.
2/6
2.Heard the learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader for the respondents.
3.Considering the limited relief sought for in the writ petition, this writ petition is taken up for final disposal with the consent of the learned Counsel appearing on either side.
4.The grievance of the petitioner is that while revenue records stood mutated in his name, in respect of survey No.26/6A1, Pathinettangudi Village, Melur Taluk, Madurai District, without any prior notice or enquiry conducted, the revenue records have been mutated reflecting the said survey number as Government Panchami land. The petitioner has therefore approached the third respondent to make necessary corrections by deleting the wrong entry and to consequently issue patta to the petitioner.
5.The learned Special Government Pleader brings to my notice since the classification is the Government Panchami Land, even if it is wrong classification, the files will have to go to the Commissioner of 3/6
Land Administration for necessary approval.
6.Considering the relief that has been sought for, this writ petition is disposed of with a direction to the third respondent to call for an enquiry findings from the fourth respondent/Tahsildar, who shall conduct an enquiry after giving notice to the petitioner as well as any other interested parties and shall forward the enquiry report to the third respondent. The said exercise shall be carried out within a period of four weeks, from the date of receipt of a copy of this order. The third respondent/RDO, after receiving the report from the Tahsildar/fourth respondent, shall pass final orders, on merits and in accordance with law, after affording an opportunity to the petitioner, within a period of four weeks from the date of receipt of the report from the Tahsildar. No costs. 12.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 4/6
To
1. The District Collector, O/o.The District Collector, Madurai District.
2. The District Revenue Officer, O/o.District Revenue Officer, Madurai District.
3. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Melur Taluk, Madurai District.
4. The Tahsildar, O/o.The Tahsildar, Melur Taluk, Madurai District.
5. The Village Administrative Officer, O/o.The Village Administrative Officer, Pathinettangudi Village, Melur Taluk, Madurai District.
5/6
P.B.BALAJI , J.
LR 12.03.2025 6/6