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Madras High CourtWP(MD)/7527/2022disposed of

Saravanan v. The District Collector

2022-04-21Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.7527 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.7527 of 2022 Saravanan ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Tahsildar, Uthamapalayam, Theni District.

3.The Tahsildar, Bodinayakkanur, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to act upon the proceedings of the second respondent in O.Mu.No.2350/2021/A4 dated 14.09.2021 seeking to change the classification of Survey No.217/2D, Block Code No.8, Melachockanathapuram, Bodinayakkanur, Theni District from Sarkkar to Roythuwari.

For Petitioner : Mr.M.Jerin Mathew For Respondents : Mrs.S.Jeyapriya, Government Advocate.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the third respondent to pass final orders on the petitioner's representation dated 02.09.2021 seeking for reclassification of Survey No.217/2D, Block Code No.8, Melachockanathapuram, Bodinayakkanur, Theni District from Sarkkar poromboke to Roythuwari land within a time frame to be fixed by this Court.

2. The petitioner has enclosed along with the Writ Petition, a copy of the communication dated 14.09.2021 sent by the second respondent to the third respondent to conduct an enquiry based on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.7527 of 2022 the petitioner's representation. The petitioner has sought for reclassification of the land from Sarkkar to Roythuwari, as according to him, the said land has been in his possession for three or four generations.

3. Since the second respondent has already acted upon the petitioner's representation and has forwarded the representation of the petitioner to the third respondent, no prejudice would be caused to the respondents, if final orders are passed on the petitioner's representation dated 02.09.2021 seeking for re-classification of the land in the revenue records within a time frame to be fixed by this Court after affording a fair hearing to the petitioner.

4. For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representation dated 02.09.2021 seeking for re-classification of the land in Survey No.217/2D, Block Code No.8, Melachockanathapuram, Bodinayakkanur, Theni District from Sarkkar to Roythuwari within a period of twelve

(12) weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner including granting him the right of personal hearing.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The District Collector, Theni District,Theni.

2.The Revenue Tahsildar, Uthamapalayam,Theni District.

3.The Tahsildar, Bodinayakkanur,Theni District.

W.P.(MD).No.7527 of 2022 21.04.2022 MGJ(05.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2