Rev.Sr.Superior v. Commissioner Of Land Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.9498 of 2023 Rev.Sr.Superior Immaculate Heart of Mary Convent Vinnarasi Illam, Anna Nagar, Burma Colony, Okkur, Sivagangai District-630 557 .. Petitioner Vs.

1.The Commissioner of Land Administration Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005.

2.The District Collector, District Collectorate, 3.Revenue Divisional Officer, Sivagangai Division, 1/6_________

4.The Tahsildar, Taluk Office, .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the fourth respondent Tahsildar herein to make necessary changes in the revenue records as well as in the computer and to issue the petitioner a Correct Patta on the basis of her representation dated 29.03.2023 for their land in Survey No.444/4B, O.Pudur Village, Sivagangai District. For Petitioner :

Mr.S.Amala Irudhaya Mary For Respondents :

Mr.D.S.Nedunchezhian Govt. Advocate

ORDER

This writ petition has been filed in the nature of a Mandamus seeking a direction to the fourth respondent/Tahsildar, Sivagangai, to make necessary changes in the revenue records relating to the computer entry and issue patta to the petitioner herein on the basis of the representation, dated 29.03.2023 for the land in S.No.444/4B, O.Pudur Village, Sivagangai District.

2/6_________

2.In the affidavit filed in support of the writ petition, the petitioner stated that the Superior of Immaculate Heart of Marry Convent, Okkur in Sivagangai District, the Society had purchased 5.38 acres of land in the year 1955 by way of two registered sale deeds. They constructed the above mentioned Convent, Immaculate Heart of Marry Convent, Vinnarasi Illam, Okkur. The petitioner is in possession and enjoyment of the land and also the building. Thereafter, on direction of the Revenue Officials, after various proceedings, patta was finally transferred in the name of the owner, as administrator Vinnarasi Illam. The petitioner claimed that the patta stood in the name of the said administrator Vinnarasi Illam, of the lands of the petitioner herein. Thereafter, the lands were classified as Government land. The petitioner has sent several representations. Since there was no effective steps taken, the present writ petition has been filed.

3.The learned Government Advocate had taken notice on behalf of the respondents. A direction is given to the Tahsildar, to issue notice to the petitioner herein, call for the revenue records and also examine the 3/6_________

records and get an opinion from the Village Administrative Officer relating to the possession of the land. If the petitioner had constructed any building, the documents relating to the approval of the plan and other documents may also be called for and orders may be passed. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes 4/6_________

To 1.The Commissioner of Land Administration Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005.

2.The District Collector, District Collectorate, 3.The Revenue Divisional Officer, Sivagangai Division, 4.The Tahsildar, Taluk Office, 5/6_________

C.V.KARTHIKEYAN, J.

Ns and W.M.P(MD)No.9498 of 2023 Dated:13.06.2023 6/6_________