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Madras High CourtWP(MD)/8878/2022allowed

Jothi .S v. The District Collector

2022-06-13Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Jothi ... Petitioner Vs 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The District Registrar (Administration), Office of the District Registrar, Ramanathapuram District.

3.The Sub Registrar, Sub Registration Office, Paramakudi Town and Taluk, Ramanathapuram District.

4.The Valuation Sub Committee, Sivagangai District, Sivagangai.

(R.4 is suo mottu impleaded vide Court Order dated 09.06.2022 in W.P(MD)No.8878 of 2022) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to inspect the property comprised in Survey No.276/1 of an extent of 1.04.0 hectares and and Survey No.278/4 of an extent of 0.75.0 Hectares situated at Pamboor Village, Paramakudi Taluk, Ramanathapuram District and rectify the qualification as agricultural lands instead of house site plots by considering the petitioner's representation, dated 04.04.2022. For Petitioner : Mr.K.Muthumalai For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

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2. The petitioner is the owner of the petition mentioned land. The petitioner purchased the same as an agricultural land. He is still carrying on agricultural activities. His grievance is that the said land had been classified as house site. Seeking reclassification the present writ petition has been filed.

3. The third respondent has filed a memo following the direction of this Court. In the said memo it has been fairly stated that in the petition mentioned lands, agricultural activities are still going on. It is further admitted that there is no residential area near the said survey number. Therefore, I find considerable merit in the petitioner's contention that the land in question should be reclassified as an agricultural land. The respondents are directed to reclassify the same after following the necessary formalities. The respondents are granted six months to complete the said process.

4. With the above direction, this writ petition is allowed. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // /07/2022 Sub Assistant Registrar(CS) mga To 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The District Registrar (Administration), Office of the District Registrar, Ramanathapuram District.

3.The Sub Registrar, Sub Registration Office, Paramakudi Town and Taluk, Ramanathapuram District.

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4.The Valuation Sub Committee, Sivagangai District, Sivagangai.

+1 CC to M/s.K.MUTHUMALAI, Advocate ( SR-25475[F] dated 13/06/2022 ) +1 CC to M/s.SPL.GP ( SR-25560[F] dated 14/06/2022 ) 13.06.2022 SS/05/07/2022/ 3P 7C 3/3