Venkateswaran.M v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) No.7086 of 2022 M.Venkateswaran ... Petitioner vs.

1.The District Revenue Officer Sivagangai District 2.The Tahsildar Office of the Tahsildar Manamadurai 3.The Commissioner Manamadurai Municipality Sivagangai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus forbearing the 2nd and 3rd respondents from unlawfully construing the property of the Petitioner as 'Anadeenam' and attempting to occupy the property of the Petitioner under S.No.201/6A measuring 0.01.5 Ares, S.No.201/6B, measuring 0.06.0 Ares and S.No. 201/6C measuring 0.01.5 Ares at Manamadurai Group, Manamadurai Taluk, Sivagangai District and further direct the 1st respondent to pass orders on the proceedings under Na.Ka.B4-12656-2014 relating to removal of the erroneous classification of the petitioner's property in Revenue Records as 'Anadeenam'.

For Petitioner :

Mr.Laxman.K.R.

For Respondents :

Mr.A.Kannan Additional Government Pleader for R1 & R2

O R D E R

This writ petition has been filed for a mandamus to forbear the respondents 2 and 3 from construing the subject property of the petitioner as Anadeenam land.

2. The contention of the petitioner is that as per the SLR Register, the subject property stands in the name of the petitioner's vendor, however, according to him, after the UDR

survey, the subject land has been wrongly classified as Anadeenam land. Recommendation has already been given by the concerned Zonal Deputy Tahsildar, Revenue Inspector and Village Administrative Officer to reclassify the land and correct the mistake. However, according to the petitioner, proceedings have already been initiated by the first respondent for reclassification of the subject land.

3. Mr.A.Kannan, learned Additional Government Pleader, who accepts notice for the respondents 1 and 2, on instructions, submits that the enquiry is scheduled to take place today (i.e.20.05.2022) at 03.30 p.m.

4. The petitioner, in the affidavit filed in support of the writ petition, has stated that on 08.05.2022, the respondents 2 and 3 visited the subject property and stated that they are going to clean the property on 20.05.2022. Apprehending dispossession, the petitioner has filed this writ petition.

5. After perusing the documents filed along with the writ petition as well as after giving due consideration to the contentions made in the affidavit and the submissions made by the learned counsel for the petitioner, this Court is inclined to grant interim injunction as prayed for by the petitioner in W.M.P.(MD) No.7086 of 2022 till final orders are passed in the enquiry proceedings pending on the file of the first respondent, which is scheduled to take place today (i.e.20.05.2022) at 03.30 p.m.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Vacation Officer // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The District Revenue Officer, Sivagangai District.

2.The Tahsildar, Office of the Tahsildar, Manamadurai.

3.The Commissioner Manamadurai Municipality Sivagangai District +1 CC to M/s.K.R. LAXMANAN, Advocate ( SR-23882[F] dated 20/05/2022 ) and W.M.P.(MD) No.7086 of 2022 20.05.2022 MGJ(20.05.2022) 3P 5C