C.Palanivel, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.6817 of 2019 C.Palanivel ... Petitioner Vs
1. The District Collector, Pudukkottai, Pudukkottai District.
2. The Tahsildar, Tirumayam Taluk, Pudukkottai District.
3. Indira ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents 1 and 2 herein from converting the burial ground situated in 1/5
survey number 204/5 situated in Thirumayam, Pudukkottai District as patta land in favour of 3rd respondent herein or any other persons. For Petitioner :
Mr.T.Pon Ramkumar, For Respondent :
Mr.P.Thilak Kumar (R1-R2) Government Pleader
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to forbear the respondents 1 and 2 herein from converting the burial ground situated in survey No. 204/5 at Thirumayam, Pudukkottai District as patta land in favour of the third respondent herein or any other persons. 2.The Tahsildar, Thirumayam Taluk filed a counter affidavit stating as follows:
"5. It is submitted that the representation also sent to the 2nd Respondent office. The 1st Respondent also made proposal dated 11.03.2019 in O.Mu.E2/3798/2019 to the 2nd 2/5
Respondent by directed to take appropriate action on the Petitioner representation dated 22.02.2019. As per the above said proposal I verified the relevant records pertaining to the survey number 204/5 to the extent of 1.23.5 Ares is stands in the name of the 3rd Respondent, the same clearly shown in the Adangal, "A" Register, Chitta and Village records, the classification of the said land is mentioned as Tharisu. It is known from the revenue records that the said survey number belongs to the 3rd Respondent, there is no entry made in the said survey number as burial ground in the revenue records.
6. It is submitted that I carefully entire relevant documents in respect of the said survey number and filed this counter affidavit. It is also the another grievance of the writ petitioner is that the further revenue records in respect of the said survey number to be modified as Government Land. It is not acceptable and the 3rd Respondent having clear right over the above said survey number as per the revenue records."
3.Since the subject land has been identified as a patta land, grievance if any exists, the petitioner has to approach the competent Civil Court of law.
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4.With these observations, the writ petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[S.M.S., J.] [A.D.M.C., J.] 01.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To
1. The District Collector, Pudukkottai, Pudukkottai District.
2. The Tahsildar, Tirumayam Taluk, Pudukkottai District.
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S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
LR 01.07.2025 5/5