M.S. Ramesh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI M.S.Ramesh .... Petitioner /Vs./

1. The District Collector Tenkasi District.

2. The District Revenue Officer Tenkasi District.

3. The Tahsildar Tenkasi 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 remove the nature of land namely government land from old Sy. No.1430/1A co related to Re. Sy. no.1579/17 of Alwarkuruchi Part II Village from the online and consequently direct the respondents to include the name of the petitioner in the online Patta by considering petitioner's representation dated 03.12.2024 and 12.02.2025.

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For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, even at the stage of admission.

2. I have heard the learned counsel appearing for the petitioner and Mr.S.Kameswaran, learned Government Advocate appearing for the respondents.

3. The petitioner has filed the present writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider and pass orders on the petitioner's application for reclassifying the subject lands from Government lands and consequently, issue patta in the online mode as Government lands and consequently direct the respondents to include the name of the petitioner in the online patta. The petitioner has given a representation to the respondents in December 2024 and February 2025.

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4. The grievance of the petitioner is that though the revenue records stand mutated in the name of the writ petitioner, in the online patta, the petitioner's name has been omitted and the lands are reflected as Government lands. Therefore, the petitioner wants necessary corrections to be carried out in the online patta.

5. The learned Government Advocate appearing for the respondents would rely on the Circular in R1/7699421/2024, dated 27.08.2024 on the file of the Commissioner of Land Administration, Chennai, where, the Revenue Divisional Officer has been given the responsibility of addressing the grievances of this nature.

6. However, I find that the Revenue Divisional Officer, Tenkasi is is not even impleaded as party respondent in the writ petition. It is brought to my notice that the first respondent has forwarded the application of the petitioner to the third respondent to take action. In view of the above developments even before institution of the writ petition, I direct the third respondent to conduct necessary enquiry based 3/6

on the petitioner's representation and forward a report to the Revenue Divisional Officer, Tenkasi, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the report from the Tahsildar, Tenkasi, the Revenue Divisional Officer, Tenkasi shall pass final orders and if necessary after hearing the petitioner, within a period of eight weeks thereafter.

7. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 25.03.2025 am 4/6

To

1. The District Collector Tenkasi District.

2. The District Revenue Officer Tenkasi District.

3. The Tahsildar Tenkasi Taluk, Tenkasi District.

Copy To The Revenue Divisional Officer, Tenkasi.

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P.B. BALAJI , J.

am Order made in Dated:

25.03.2025 6/6