Murugan 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 Murugan ... Petitioner Vs

1. The District Collector, Tirunelveli District.

2. The District Revenue Officer, Tirunelveli.

3. The Revenue Divisional Officer, Tirunelveli.

4. The Tahsildar, Palayamkottai Taluk, Tirunelveli.

5. The Commissioner, Tirunelveli Corporation, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1st respondent to rectify the mistake in the classification which is recorded 1/5

as Sarkar Poramboke and enter the petitioner name and his sisters namely Samiithai, Subbulakshmi, Chellammal and brother namely Durai in the Town Survey land Register for S.No. 645/3, T.S.No. 21/1, 21/2 and 21/3 situated in Kulavanigapuram Village, Palaiyamkottai Taluk, Tirunelveli District based upon the title deed in Doc No. 316/1935, dated 03.02.1935, by considering the petitioner's representation dated 17.02.2025 within a time frame fixed by this Court. For Petitioner : Mr.S. Packiya Muthu, For R1 to R4 : Mrs.K.Malathi Additional Government Pleader

O R D E R

The petitioner has sought for issuance of writ of Mandamus to direct the first respondent to rectify the mistake in the classification of the revenue records as sarkar poramboke instead of the name of the petitioner and his sisters.

2.The learned Counsel for the petitioner would submit that the petitioner's father's brothers also have a share in the property and only in respect of the petitioner's father's share, the request has been made. 2/5

3.Considering the limited relief that has been sought for by the petitioner, with the consent of the learned counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader for the respondents 1 to 4, the writ petition is taken up for final disposal. 4.The grievance of the petitioner is that in respect of the property belonging to the petitioner, the classification in the revenue records has been changed to sarkar poramboke, though the petitioner and his ancestors have been in continuous and uninterrupted possession of the subject property. The petitioner has made a representation on 18.12.2024 seeking rectification of the mistake in the classification and to consequently, enter the names of the petitioner and his sisters.

The said representation did not evoke any response and hence subsequent representation was sent on 17.02.2025. As there has been no action even thereafter, the present writ petition has been filed citing G.O.(Ms).No.99 dated 21.09.2015 Personnel and Administrative Reforms (A) Department, where maximum period of one month has been provided for action to be taken in such matters of rectification of mistakes in classification.

3/5

5.Considering the fact that the first respondent would have to get no objection certificate from the Commissioner of Land Administration, Chennai, the writ petition is disposed of with a direction to the first respondent to pass orders on the petitioner's representation dated 17.02.2025 on merits and in accordance with law, within a period of sixteen weeks, from the date of receipt of a copy of this order. No costs. 12.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The District Collector, Tirunelveli District.

2. The District Revenue Officer, Tirunelveli.

3. The Revenue Divisional Officer, Tirunelveli.

4. The Tahsildar, Palayamkottai Taluk, Tirunelveli.

4/5

P.B.BALAJI , J.

LR 12.03.2025 5/5