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Madras High CourtWP(MD)/12515/2025disposed of

K.Nisha v. The Sub Collector

2025-04-29Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI K.Nisha : Petitioner Vs.

1.The Sub Collector, Kumbakonam, Thanjavur District.

2.The Tahsildar, Taluk Office, Kumbakonam, Thanjavur District.

3.The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to direct the respondents 2 & 3 to effect mutation of patta for the 1/6

property in TSLr No.2502/2, Block No.59, Ward No.6 in Palavathankattalai Seenivasanagar, Kumbakonam Town, Thanjavur by correcting the nature of classification of the property in view of the Court Auction Purchase as per the order in E.P.No.53/89 in O.S.No.132/1985 dated 08.09.1995 and Registration Document No. 9/1996 dated 09.07.1996 by considering the petitioner's representation dated 16.12.2024.

For Petitioner : Mr.A.Haja Mohideen For Respondents 1&2 : Mr.B.Saravanan, Additional Government Pleader For Respondent No.3 : Mr.B.Jameel Arasu For Proposed respondent : Mr.B.Anandan

O R D E R

The writ petitioner seeks issuance of a Writ of Mandamus to direct the first respondent to direct the respondents 2 and 3 to effect mutation of patta in terms of the Court auction purchase in E.P.No.53/89 in O.S.No.132/1985 dated 08.09.1995 and Registration Document No.9/1996 dated 09.07.1996, by considering the petitioner's representation dated 16.12.2024. 2.I have heard the learned Counsel for the parties. 2/6

3.Considering the limited relief sought for in the Writ Petition, the request of the petitioner being reclassification of the lands, the Writ Petition is disposed of, with a direction to first respondent to conclude the petitioner's application dated 16.12.2024, after affording opportunity to the petitioner and petitioner's mother-in-law Faritha Begum and pass orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this Court.

4.Learned Special Government Pleader would submit that the corrections regarding Government poramboke lands has to be approved by Land Administration and therefore, he would seek for a direction to the Sub-Collector to forward a report, after enquiry to the Commissioner of Land Administration.

5.The Sub-Collector is directed to forward a report to the Commissioner of Land Administration, within a period of eight [8] weeks from the date of receipt of a copy of this order and the Commissioner of Land Administration shall pass final orders thereafter, within a period of twelve [12] weeks, from the date of receipt of a copy of the report from the Sub-Collector. 3/6

6.Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

29.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Commissioner of Land Administration, Chennai.

2.The Sub Collector, Kumbakonam, Thanjavur District.

3.The Tahsildar, Taluk Office, Kumbakonam, Thanjavur District.

4.The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

5/6

P.B.BALAJI.

, J.

MR 29.04.2025 6/6