Yunushkhan R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.13389 of 2025 and W.M.P(MD)Nos.15865 and 9626 of 2025 R.Yunus Khan ... Petitioner .Vs.

1.The Commissioner, Land Administration and Reforms, Ezhilagam, Chepauk, Chennai.

2.The District Collector, Pudukkottai, Pudukkottai District.

3.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

4.The Tahsildar, Manalmelgudi, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to take appropriate steps to rectify the mistake in the revenue records in respect of S.No. 1/6

178/2, situated at Kodikulam Revenue Village, Manalmelgudi Taluk, Pudukkottai District classified as Car Track and canal and consequently, direct the respondents to issue patta to the Petitioner's land in the light of the registered sale deed, dated 3.1.1977 by considering the Petitioner's representation, dated 22.4.2025 and direct the fourth respondent not to initiate any coercive steps to remove the Petitioner's aqua pond situated in the aforesaid property, till the disposal of the Petitioner's representation, dated 22.4.2025.

For Petitioner : Mr.R.Paranjothi for M/s.KBS Law Office For Respondents : Mr.D.S.Nedunchezian 1 to 4 Govt. Advocate

O R D E R

The Writ Petition is filed seeking a direction to the respondents 1 and 2 to take appropriate steps to rectify the mistake in the revenue records in respect of S.No.178/2, situated at Kodikulam Revenue Village, Manalmelgudi Taluk, Pudukkottai District by considering the Petitioner's representation, dated 22.04.2025.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is seen from the typed-set of papers and the affidavit 2/6

filed in support of the Writ Petition that the subject property in S.No.178/2 is classified as 'Cart Track and Stream'. The official respondents issued notice under Section 7 of the Tamil Nadu Land Encroachment Act against the Petitioner on 18.3.2025. In response to the said notice, the Petitioner submitted an explanation on 22.4.2025 before the Revenue Officer, Kodikulam. The copy of the same was sent to the official respondents through registered post. 4.According to the Petitioner, the subject property has been wrongly classified as 'Cart track and Stream'. Therefore the Petitioner has come before this Court seeking a positive direction to the respondents to correct the revenue records. 5.

From the averments found in the affidavit as well as the documents filed in the typed set of papers, it is clear that section 7 notice has been issued against the Petitioner and he also submitted an explanation on 22.04.2025. Therefore, the fourth respondent is directed to consider the explanation submitted by the Petitioner, dated 22.04.2025 and pass further orders in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order.

6.With the above directions, the Writ Petition stands 3/6

disposed of. No costs.

7.The impleading Petitioner claims that he is using the cart track for the past several years. Therefore he shall be impleaded in the present Writ Petition. Section 7 notice has been issued against the Petitioner and the Petitioner already submitted an explanation. The main Writ Petition is disposed of by directing the authorities to consider the explanation submitted by the Petitioner. Therefore the presence of impleading Petitioner is not at all necessary in this writ Petition and therefore, in view of the order passed in the main Writ Petition, impleading Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

12.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Commissioner, Land Administration and Reforms, Ezhilagam, Chepauk, Chennai.

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2.The District Collector, Pudukkottai, Pudukkottai District.

3.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

4.The Tahsildar, Manalmelgudi, Pudukkottai District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.13389 of 2025 and 5/6

W.M.P(MD)Nos.15865 and 9626 of 2025 12.08.2025 6/6