M.M.Fathima v. The Director Of Survey And Settlement
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI M.M.Fathima .... Petitioner /Vs./
1. The Director of Survey and S Ettlement, Central Survey Office, Survey House, PWD Estate, Chepauk, Triplicane Chennai 5
2. The Sub Registrar Kayalpattinam, Thoothukudi District
3. The Assistant Director of Survey and Settlement, Campus of the District Collectorate, Thoothukudi District, Thoothukudi 4 . The District Collector Thoothukudi District, Thoothukudi
5. The District Revenue Officer Office of the District Collectorate, 1/6
6. The Revenue Divisional Officer Office of the Tiruchendur Revenue Division, Tiruchendur, Thoothukudi District
7. The Thasildar Thiruchendur Taluk, Thiruchendur,
8. The Inspector General of Registration No.100 Santhome High Road, Chennai 28
9. The Deputy Inspector General of Registration, Tirunelveli Region, Tirunelveli District
10. The District Registrar Thoothukudi Registration District, Thoothukudi.
.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to rectify the classification of the petitioner's land as Natham instead of Government land in respect of Survey no. 109/1 Old Natham Survey No. 109/Pt South Kayalpattinam Village, Thiruchendur Taluk Thoothukudi District. For Petitioner : Mr.V.Angusamy For Respondents : Mr.C.Satheesh Government Advocate 2/6
ORDER
The petitioner has filed the present writ petition seeks issuance of a Writ of Mandamus directing the respondents to rectify the classification of the petitioner's land as Natham instead of Government Land. Such a positive direction cannot be granted in a writ petition under Article 226 of the Constitution of India. However, considering the fact that the petitioner has given a representation on 27.11.2024 to the District Collector as well as the Registration authorities, it would suffice to dispose of the writ petition in the following manner:- (i) The petitioner shall give a fresh representation to the Revenue Divisional Officer, who is the competent authority to look into the matter, within a period of two weeks from the date of receipt of a copy of this order enclosing the earlier representation addressing to the District Collector.
(ii) On receipt of such representation from the petitioner, the sixth respondent shall enquire into the matter and pass orders, on merits, in accordance with law, within a period of twelve weeks, thereafter. 3/6
2. With the above direction, the writ petition is disposed of. No costs.
Index : Yes / No NCC : Yes / No 17.03.2025 am 4/6
To
1. The Director of Survey and S Ettlement, Central Survey Office, Survey House, PWD Estate, Chepauk, Triplicane, Chennai 5
2. The Sub Registrar, Kayalpattinam, Thoothukudi District
3. The Assistant Director of Survey and Settlement, Campus of the District Collectorate, Thoothukudi District, Thoothukudi.
4 . The District Collector Thoothukudi District, Thoothukudi
5. The District Revenue Officer Office of the District Collectorate,
6. The Revenue Divisional Officer Office of the Tiruchendur Revenue Division, Tiruchendur, Thoothukudi District
7. The Thasildar Thiruchendur Taluk, Thiruchendur,
8. The Inspector General of Registration No.100 Santhome High Road, Chennai 28
9. The Deputy Inspector General of Registration, Tirunelveli Region, Tirunelveli District
10. The District Registrar Thoothukudi Registration District, Thoothukudi.
5/6
P.B. BALAJI , J.
am Order made in Dated:
17.03.2025 6/6