Narayansamy R v. The Secretary To Government Land Reforms

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.8160 of 2025 R.Narayanasamy : Petitioner Vs.

1.The Secretary to Government Land Reforms, Ezhilagam, Chepak, Chennai.

2.The Commissioner Bhoomidhan Board, Ezhilagam, Chepak, Chennai.

3.The District Collector, Collectorate, Dindigul District.

4.The Revenue Division Officer, Palani, Dindigul District.

5.The Tahsildar, Oddanchathiram Taluk, Dindigul District.

: Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first and second respondents to remove Bhoomidhan Board name in the revenue records in the petitioner property in S.F.No.81/3B Virupatchi Village, Oddanchathiram Taluk, Dindigul District based on the petitioner's representation dated 25.02.2020, 10.03.2025, considering the same and pass necessary orders within the time frame as stipulated by this Court.

For Petitioner : Mr.S.Karthik For Respondents : Mrs.K.Malathi Additional Government Pleader

O R D E R

The petitioner seeks issuance of a Writ of Mandamus, to direct the respondents 1 & 2 to remove the Bhoomidhan Board name in the revenue records pertaining to the petitioner's property in S.F.No.81/3B Virupatchi Village, Oddanchathiram Taluk, Dindigul District.

2.Heard the learned Counsel for the petitioner Mr.S.Karthik and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents.

2/6

3.The case of the petitioner is that the petitioner's brother by inadvertency has donated the property of the petitioner in S.No. 81/3B instead of 81/1A. It is the specific contention of the petitioner that only the lands in S.No.81/1A have been further given to eligible persons under the Bhoomidhan Scheme and the petitioner continues to be in possession of lands in S.No.81/3B1. The petitioner has also given representations as early as on 12.02.2012 and as late as on 10.03.2025, seeking removal of the name of the Bhoomidhan Board in the revenue records pertaining to S.No.81/3B. 4.Learned Additional Government Pleader would submit that the lands have been donated several decades ago and therefore, the petitioner cannot seek for such a relief at this point of time. 5.I have carefully considered the submissions of the learned Counsel on either side.

6.It is the specific case of the petitioner that lands in S.No. 81/3B1 belongs to him and he has been in possession. To evidence physical possession, the petitioner has also filed house tax receipts, though it pertains to 1991 and 2000. It is also the case of the petitioner that property though donated mentioned in S.No.81/3B1, it pertains to 4 definite bounded property comprised only in S.No. 3/6

81/1A and in 81/3B and it is only lands in 81/1A that have been distributed to beneficiaries.

7.Without going into the merits of the claim of the petitioner, it is subject to the petitioner being able to satisfy the authorities, considering the fact that the petitioner has already given several representations, it would suffice to direct the respondents 1 and 2, to consider the petitioner's representation dated 10.03.2025, on merits and in accordance with law, after giving opportunity of personal hearing to the petitioner. The said respondents 1 and 2 shall pass final orders on the representations of the petitioner. In the meantime, with regard to physical possession, status quo shall be maintained. The said exercise shall be carried out within a period of twelve [12] weeks from the date of receipt of a copy of this order. 8.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Secretary to Government Land Reforms, Ezhilagam, Chepak, Chennai.

2.The Commissioner Bhoomidhan Board, Ezhilagam, Chepak, Chennai.

3.The District Collector, Collectorate, Dindigul District.

4.The Revenue Division Officer, Palani, Dindigul District.

5.The Tahsildar, Oddanchathiram Taluk, Dindigul District.

5/6

P.B.BALAJI.

, J.

MR 22.04.2025 6/6