Ariyappan v. The Sub-Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and WMP(MD)No.8887 of 2025

1. Ariyappan

2. Krishnappan

3. Periakaruppan .... Petitioners /Vs/

1. The Sub Collector, Devakottai, Sivagangai District.

2. The Special Tahsiladar / (Residue Services), Ground Rent Revenue, Karaikudi, Sivagangai District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to issue a Writ of Declaration, declaring the impugned patta in respect of S.No. 381/7, Ilaiyathankudi South Village, Thirupathur Taluk, Sivagangai District, issued by the 2nd respondent on 11.11.2024 by treating the said lands as Puramboke Held over as illegal and consequently direct the 2nd respondent to restore the patta issued in favour of the petitioner's vide his proceedings dated 02.08.2023 in SR 1/5

No. 15678 of 2023 of the 2nd respondent and pass such further or other orders as this Court.

For Petitioners : Mr.VR.Shanmuganathan For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

I have heard Mr.VR.Shanmuganathan, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.

2. The petitioner seeks issuance of a Writ of Declaration to declare the impugned patta in S.No.381/7, Ilaiyathankudi South Village, Thirupathur Taluk, Sivagangai District, issued by the second respondent on 11.11.2024 by treating the said lands as Puramboke Held Over as illegal and consequently direct the second respondent to restore the petitioner's patta which has been issued vide his proceedings dated 02.08.2023 in SR.No.15678 of 2023.

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3. The learned Additional Government Pleader appearing for the respondents, on instructions from the authorities, would submit that the Sub-Collector, Devakottai has already recommended for restoration of patta in favour of the petitioner and they are awaiting the order from the Commissioner of Land Administration.

4. It is seen that necessary Government Order has to be issued in this regard. Recording said submission of the learned Additional Government Pleader, the writ petition is disposed of directing the first respondent to effect necessary changes pursuant to the Government Order being issued by the Commissioner of Land Administration, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No NCC : Yes / No 28.04.2025 am 3/5

To

1. The Sub Collector, Devakottai, Sivagangai District.

2. The Special Tahsiladar / (Residue Services), Ground Rent Revenue, Karaikudi, Sivagangai District.

Thanjavur District.

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P.B. BALAJI , J.

am Order made in Dated:

28.04.2025 5/5