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Madras High CourtWP(MD)/11661/2021disposed of

Devabalan v. The Dist.Collector Cum

2023-10-18Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Devabalan ... Petitioner Vs.

1.The District Collector Cum District Revenue Officer, Tirunelveli District Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi Taluk, Cheranmahadevi, Tirunelveli Dist 3.The Thasildar Cheranmahadevi Taluk, Cheranmahadevi, 4.The Village Administrate Officer, Venkatrenkapuram Village, Cheranmahadevi Taluk, Cheranmahadevi, 1/5

5.The Sub Registrar Join-1 Chernmahadevi, Sub Registration Office, Cheranmahadevi, Tirunelveli District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 19.09.2019 and to direct the respondents Nos.1 to 6 to take necessary action and to change his land from Government land in respect of survey number S.Nos.47/1 and 47/2 extend of 5 Acre 92 cents at Venkatrengapuram, Cheranmahadevi Taluk ,8 For Petitioner : Mr.A.S.Krishnan For Respondents : Ms.S.Jeya Priya, Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 19.09.2019, wherein, the petitioner is seeking for changing the classification of the land through Government Poramboke to private patta land.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2/5

3. The case of the petitioner is that the property in Survey No.47/1 to an extent of 5 acres and 92 cents belonged to the father of the petitioner and another, by virtue of a document registered as Document No.201 / 1962. The grievance of the petitioner is that the revenue authorities had converted the patta land into a Government Poramboke land and when this came to light in the year 2019, a representation was made by the petitioner before the respondents seeking for an alteration of the entry made in the revenue records. Since the same was not considered, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstance of the case and the limited relief sought for in this petition, there shall be a direction to the second respondent to conduct an enquiry on the representation made by the petitioner on 19.09.2019. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order. The second respondent shall take a decision within a period of three (3) months from the date of receipt of a copy of this order.

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5. This Writ Petition is disposed of with the above directions. No costs.

18.10.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The District Collector Cum District Revenue Officer, Tirunelveli District Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi Taluk, Cheranmahadevi, Tirunelveli Dist 3.The Thasildar Cheranmahadevi Taluk, Cheranmahadevi, 4.The Village Administrate Officer, Venkatrenkapuram Village, Cheranmahadevi Taluk, Cheranmahadevi, 5.The Sub Registrar Join-1 Chernmahadevi, Sub Registration Office, Cheranmahadevi, Tirunelveli District.

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N.ANAND VENKATESH, J tsg 18.10.2023 5/5