Balakumar.R v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.12334 of 2021 R.Balakumar
...Petitioner
/Vs./ 1.The Revenue Divisional Officer, Revenue Divisional Office, Melur, Madurai District.
2.The Thasildhar, Taluk Office, Melur, Madurai District.
...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 1st respondent to consider the petitioner's recent representation dated 03.07.2021 and to issue Patta in the name of the petitioner regarding the properties in RSR.No.26/6A-1, plot Nos.9A, 10A, 11A, 12A and total extent of 7627 3⁄4 sq ft in SSK Nagar, Melur Taluk, Madurai District and to do the necessary mutation in the revenue records of Chitta, A-register and Adangal to denote as the petitioner is the owner of the above said properties.
For Petitioner : Mr.E.Mohamed Abbas For Respondents : Mr.B.Saravanan Additional Government Pleader 1/6
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the first respondent to consider the representation made by the petitioner on 03.07.2021, wherein the petitioner is seeking for issuance of patta in his name with respect to subject properties.
2. Heard Mr.E.Mohamed Abbas, learned counsel for the petitioner, and Mr.B.Saravanan, learned Additional Government Pleader for the respondents.
3. The case of the petitioner is the subject properties were purchased through a registered sale deed dated 18.02.2015 registered as Doc.No.677/2015. The further case of the petitioner is that patta had already been granted in the name of the vendor of the petitioner in Patta No.54. The petitioner wanted the patta to be mutated in his name. However, the petitioner found that in the revenue records, the property has been classified as Panjamar Tharisu. In view of the same, the petitioner made a representation before the first respondent and sought for necessary corrections to be undertaken and for issuance of patta in the name of the petitioner. Since the same was not considered, the present writ petition has been filed before this Court.
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4. When the matter was taken up for hearing, the learned Additional Government Pleader appearing on behalf of the respondents submitted that Panjami land is now sought to be mutated and the petitioner is seeking for issuance of patta in his name. Insofar as restoring the panjami land with nonpanchamars, the procedure as stipulated in G.O.Ms.No.12, Adi Dravidar and Tribal Welfare (LA2) Department, dated 04.03.2022 must be followed. For this purpose, the same has to be considered by a committee. Hence, it was contended that the request made by the petitioner can be considered only after a decision is taken by the committee in this regard.
5. In the light of the above submission made by the learned Additional Government Pleader, there shall be a direction to the first respondent to refer the request made by the petitioner to the State level committee. It is this committee, which will ultimately consider whether the property has to be restored in the name of the private persons, since it has been classified as panjami land in the revenue records. This exercise shall be completed within a period of six months from the date of receipt of a copy of this order and the decision taken shall be conveyed to the petitioner.
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6. This writ petition is disposed in the above terms. No costs. 19.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 4/6
To, 1.The Revenue Divisional Officer, Revenue Divisional Office, Melur, Madurai District.
2.The Thasildhar, Taluk Office, Melur, Madurai District.
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N.ANAND VENKATESH, J.
sm Order made in W.P.(MD)No.12334 of 2021 Dated:
19.10.2023 6/6