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Madras High CourtWP(MD)/8923/2024allowed

Akthar Jeyadoss Veeraragavan v. The District Collector

2024-04-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Akthar Jeyadoss Veeraragavan ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 32A, Ettaiyapuram Road, Kovilpatti, Thoothukudi District - 628 501.

3.The Thasildhar, Ottapidaram Taluk, 4.The District Revenue Officer, Thoothukudi District, Thoothkudi.

... Respondents (R4 is suo motu impleaded vide order dated 10.04.2024 in W.P.(MD)No.8932 of 2024 by GRSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to rectify the erroneous classification of lands in S.No.104/2, 115/8, 147/2 and 147/3 situated in T.Kumaragiri alias Kayaloorani Village, Veerapandiyapuram 1/4

Panchayat, Ottaipidaram Taluk, existing as "Kayaloorani Kumaragiri Oor Podhu Dharma Punjai" and issue the patta in the name of "Akthar Jeyadoss Veeraragavan Oor Dharma Punjai" considering the petitioner's representations dated 22.02.2023 and 01.04.2023.

For Petitioner : Mr.S.Kadakarai For Respondents : Mr.D.Sasi Kumar, Addl. Government Pleader.

ORDER

Heard both sides.

2.The revenue record in respect of the petition mentioned lands prior to UDR was as follows:

"mf;jhh; uh.tPuuhftd; ehaf;fh; (Ch; bghJ jh;k g[Q;ir)" Post UDR, the name of Akthar had been removed. Thiru.Veeraragavan Nayakar is now no more. His son / Jeyadoss Veeraragavan is before this Court. He wants the UDR error to be rectified and the original position to be restored. The petitioner wants his name to be entered in the revenue record as Akthar. 3.This request appears to be reasonable. In any event, the third respondent has to forward a formal proposal to the fourth respondent through 2/4

the second respondent. This shall be done within a period of three weeks from the date of receipt of a copy of this order by the third respondent. Thereupon, the fourth respondent shall pass a final order and appropriate changes shall be made in the revenue record within a period of four weeks thereafter. Restoration of the original position will not mean restoring the name of Akthar Veeraragavan Nayakar. The petitioner's name has to be entered. Of course, that would not mean that the property is the private property of the writ petitioner. He will be holding the same in the capacity of trustee for the common welfare. 4.This writ petition is allowed on these terms. No costs. 10.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 32A, Ettaiyapuram Road, Kovilpatti, Thoothukudi District - 628 501.

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G.R.SWAMINATHAN, J.

ias 3.The Thasildhar, Ottapidaram Taluk, 4.The District Revenue Officer, Thoothukudi District, Thoothkudi.

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