K.Balachander v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI K.Balachander .... Petitioner /Vs./
1. State of Tamil Nadu Represented by its Secretary to Government, Department of Land Administration, Secretariat, Chennai.
2. The District Collector Office of the Collectorate, Tenkasi District.
3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tenkasi District.
4. The Tahsildar Office of the Tahsildar, Veerakeralamputhur Taluk, Tenkasi District.
.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to delete the wrong classification of land in the revenue records pertaining to the petitioner in 1/5
SF.No.57/9 situated in Aanaikulam Village, Veerakeralamputhur Taluk, Tenkasi District admeasuring an extent of 1 acre and 36 cents as Kanmai Neerpidi by entering the correct classification as Private/Ryotwari Punjai land and subsequently to grant patta in favour of the petitioner based on petitioners representation dated 17.02.2025 within a time frame as stipulated by this Court.
For Petitioner : Mr.S.Ramanathan For Respondents : Mr.S.Kameswaran Government Advocate
ORDER
The petitioner has sought for issuance of a Writ of Mandamus to pass orders on the petitioner's application for reclassification dated 17.02.2025.
2. The grievance of the petitioner is that right from 1924, the petitioner and his predecessors in interest have been in absolute possession and enjoyment of the subject lands. However, the revenue records are reflecting the petitioner's property as water body. Therefore, the petitioner has made an application on 17.02.2025 to rectify the mistake. It is also contended by the learned counsel for the petitioner that in respect of adjoining lands, patta has already been issued. 2/5
3. However, the learned Government Advocate appearing for the respondents would submit that the second respondent is the competent authority to enquire into the matter and forward a report to the Commissioner, Land Administration, Chennai and based on the report of the second respondent, the Commissioner, Land Administration, Chennai shall have to take a final call.
4. Considering the fact that the adjoining land owners have been issued patta, the petitioner's application appears to be prima facie genuine. The second respondent shall conduct an enquiry and forward the report to the Commissioner, Land Administration, Chennai, who shall pass final orders, therafter. The said exercise shall be completed within a period of sixteen 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.
Index : Yes / No 3/5
NCC : Yes / No 17.03.2025 am To
1. State of Tamil Nadu Represented by its Secretary to Government, Department of Land Administration, Secretariat, Chennai.
2. The District Collector Office of the Collectorate, Tenkasi District.
3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tenkasi District.
4. The Tahsildar Office of the Tahsildar, Veerakeralamputhur Taluk, Tenkasi District.
4/5
P.B. BALAJI , J.
am Order made in Dated:
17.03.2025 5/5