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Madras High CourtWP(MD)/8713/2022disposed of

Chellappa K v. The District Collector

2022-04-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE K.Chellappa ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirangam Division, Trichy District.

3.The Tahsildar, Marungapuri Taluk, Trichy 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 respondents to change the classification of land in Survey No.58/4, Maniyangkurichi, Ammachathiram Village, Marungapuri Taluk from Natham to Rayathu Punja and to issue fresh patta by including the name of the petitioner, Rajamani, Kandhasamy @ Karnan, Selvi and Ponnusamy by considering the petitioner's representation dated 03.01.2022 within a time that may be fixed by this Court. For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.B.Saravanan, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to change the classification of the land in Survey No.58/4, Maniyangkurichi, Ammachathiram Village, Marungapuri Taluk from Natham to Ryotwari Punja and to issue fresh patta in the name of the petitioner, Rajamani, Kandhasamy @ Karnan, Selvi and Ponnusamy based on the petitioner's representation dated 03.01.2022 within a time frame to be fixed by this Court.

2. According to the petitioner, subsequent to a Natham survey, the aforementioned land has been wrongly classified as a Natham 1/3

land. According to him, it is a ryotwari punja land. The petitioner has given a representation on 03.01.2022 to the respondents seeking for change of classification to ryotwari punja land. Since the said representation has not been considered till date, he has filed this Writ Petition.

3. Heard Mr.K.Navaneetharaja, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the third respondent deems fit to enquire, including granting them the right of personal hearing.

5. The petitioner has filed documents in support of his case. It is for the respondents to consider the same on merits and in accordance with law.

6. For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representation dated 03.01.2022 seeking for re-classification of the land in Survey No.58/4, Maniyangkurichi, Ammachathiram Village, Marungapuri Taluk from Natham to Ryotwari Punja and to issue fresh patta in the name of the petitioner, Rajamani, Kandhasamy @ Karnan, Selvi and Ponnusamy 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 and other necessary parties, whom the third respondent deems fit to enquire, including granting them the right of personal hearing.

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

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

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2.The Revenue Divisional Officer, Srirangam Division, Trichy District.

3.The Tahsildar, Marungapuri Taluk, Trichy District.

+1 CC to M/s.SPL.GP ( SR-23293[F] dated 04/05/2022 ) 29.04.2022 GM(CO) GC(23.05.2022) 3P 5C 3/3