N. Senthil v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI in W..P.(MD)No.5937 of 2025 N.Senthil ... Review Applicant / Petitioner Vs.

1.The District Collecotr, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Vellaripatti, Near T.V.S., Madurai District.

4.The Tahsildar, Madurai South Taluk, Madurai District.

... Respondents / Respondents Prayer:- Review Petition filed under Order XLVII r/w. Section 114 of the Code of Civil Procedure, to review the order passed by this Court made in W.P.(MD)No.5937 of 2025, dated 05.03.2025.

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For Petitioner :

Mr.N.Balasubramanian For Respondents :

Mr.M.Lingadurai Special Government Pleader

ORDER

I have heard Mr.N.Balasubramanian, learned counsel for the review applicant and Mr.M.Lingadurai, learned Special Government Pleader for the respondents.

2. The review applicant seeks to review my order dated 05.03.2025 in W.P.(MD)No.5937 of 2025, in and whereby, I had dismissed the writ petition on the ground that the subject lands have been classified as a "water body". At the time of the hearing of the writ petition, the learned Additional Government Pleader had produced revenue records to substantiate that the subject survey No.24/4 was classified only as "Silaiman Kulam" and therefore, the writ petition was dismissed on the ground that no positive directions can be given.

3. However, today (i.e.,28.04.2025), the learned counsel for the petitioner, placing reliance on the grounds in the review petition, submits 2/5

that the survey No.24/4 Kallambal village is no longer a water body and in support of his submissions, he relies on the computerized field map of the said land, which is available in the typed set of papers in the review petition.

4. In view of the above circumstances, which was not brought to my notice at the time of the writ petition being disposed of, the order dated 05.03.2025 in W.P.(MD)No.5937 of 2025, is recalled. The review application is allowed, directing the fourth respondent / Tahsildar shall conduct enquiry and refer to the present revenue records and if Survey No.24/4 is no longer water body and if the revenue records had been subsequently changed / modified, then suitable orders may be passed, based on the petitioner's application for issuance of patta. The said exercise may shall be carried out with in a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Internet : Yes 28.04.2025 Index:Yes/No Ls 3/5

To 1.The District Collecotr, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Vellaripatti, Near T.V.S., Madurai District.

4.The Tahsildar, Madurai South Taluk, Madurai District.

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P.B.BALAJI,J.

Ls in W..P.(MD)No.5937 of 2025 28.04.2025 5/5