Tamilselvi v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Tamilselvi ... Petitioner Vs.
1.The District Revenue Officer, Collectorate Campus, Virudhunagar, Virudhunagar District.
2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Tahsildar, Srivilliputhur, Virudhunagar District.
4.The Commissioner, Srivilliputhur Municipality, Srivilliputhur, Virudhunagar District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st respondent to cancel the reclassification of petitioner's land of bearing Town Survey No.1086 an extent of 13 sq.mt. situated at Ward No.1, Srivilliputhur Town, Virudhunagar District, as Sarkar Poramboke during UDR Scheme and consequently, issued patta in the petitioner's family members' name.
For Petitioner : Mr.R.Murugappan For Respondents : Mr.B.Saravanan for R1 to R4 Additional Government Pleader
O R D E R
This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to cancel the reclassification of the petitioner's land comprised in Town Survey No.1086, measuring an extent of 13 sq.mt. situated at Ward No.1, Srivilliputhur Town, Virudhunagar District as Sarkar Poramboke during the UDR scheme and consequently, issue patta in the name of the petitioner's family members based on the petitioner's representation, dated 14.03.2022, within a time frame to be fixed by this Court. 1/3
2.Heard Mr.R.Murugappan, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 4. 3.According to the petitioner, during the UDR scheme, by mistake, the aforementioned property, which is absolutely owned by her, has now been classified as Sarkar Poramboke. The petitioner by her representation, dated 14.03.2022, has sought for reclassification of the said land and for issuance of patta in her name and in the name of her family members, who are the absolute owners. Since her representation has not been considered till date, the petitioner has filed this writ petition.
4.The petitioner has filed documents along with the writ petition in support of her contention that she and her family members are the absolute owners of the aforementioned property. It is for the respondents to consider the same on merits and in accordance with law.
5.No prejudice will be caused to the respondents, if the petitioner's representation, seeking for reclassification of the land from Sarkar Poramboke is considered on merits and in accordance with law.
6.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation, dated 14.03.2022, seeking for reclassification of the land bearing Town Survey No.1086, measuring an extent of 13 sq.mt. situated at Ward No.1, Srivilliputhur Town, Virudhunagar District, from Sarkar Poramboke during UDR scheme and consequently, consider the petitioner's request for issuance of patta in the name of the petitioner and her family members and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the first respondent deems fit to enquire, within a period of four months from the date of receipt of a copy of this order.
7.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3
To 1.The District Revenue Officer, Collectorate Campus, Virudhunagar, Virudhunagar District.
2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Tahsildar, Srivilliputhur, Virudhunagar District.
4.The Commissioner, Srivilliputhur Municipality, Srivilliputhur, Virudhunagar District.
+1 CC to M/s.R. MURUGAPPAN, Advocate ( SR-21606[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21912[F] dated 27/04/2022 ) 26.04.2022 RK(23/05/2022) 3P 7C 3/3