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Madras High CourtWP(MD)/9471/2019disposed of

G.Mayandi Pillai, v. The District Collector,

2022-12-21Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.11903 of 2022 G.Mayandi Pillai ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai.

3.The Revenue Divisional Officer, Melur, Office located at Y.Othakadi, Maduari, Madurai District.

4.The Tahsildar, Madurai East Taluk, Madurai.

5.The Village Administrative Officer, Mangalagudi Village, Mangalagudi, Y.Othakadi, Madurai District.

6.C.R.K.Ram Mohan 7.C.K.R.Brinda 1/6

8.C.R.K.Susila Lakshmanan ... Respondents (R6 to R8 is impleaded vide order dated 16.06.2021 in W.M.P.(MD)No.10621 of 2019 in W.P.(MD)No.9471 of 2019 by NAVJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to include the petitioner's name as cultivating tenant and name of the crop cultivated by the petitioners in Adangal Extract in Survey Nos.4/3A, 4/3B, 8/10, 8/7, 13/7B, 18/7A2, 18/7B, 55B/8, 13/9B, 10/1, 40/4, 40/7B, 40/8 and 37/2A2 to an extent of 9 Acres and around 98 cents in Mangalagudi Village, Madurai East Taluk.

For Petitioner : Mr.K.Guhan For Respondents : Mr.M.Lingadurai, Spl. Government Pleader for R1 to R5.

Mr.V.Meenakshi Sundaram for R6 to R8.

ORDER

Heard the learned counsel on either side.

2.The petitioner seeks inclusion of his name as cultivating tenant in the Adangal records in respect of the petition mentioned survey numbers. 2/6

3.The learned counsel for the private respondents points out that in respect of some of the survey numbers, the petitioner's name has already been entered as a cultivating tenant in the record of tenancy. However, in respect of other survey numbers, his name is yet to be entered. 4.I, therefore, direct the respondents 3 and 5 to enter the name of the writ petitioner in the Adangal record only if he has already been declared as a cultivating tenant. In respect of the remaining survey numbers, the fourth respondent is directed to hold an enquiry and pass final order on merits and in accordance with law after giving notice to all the interested persons, particularly the private respondents herein. Such an order will be passed within a period of six months from the date of receipt of a copy of this order. 5.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

21.12.2022 Index : Yes / No Internet : Yes/ No ias 3/6

To:

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai.

3.The Revenue Divisional Officer, Melur, Office located at Y.Othakadi, Maduari, Madurai District.

4.The Tahsildar, Madurai East Taluk, Madurai.

5.The Village Administrative Officer, Mangalagudi Village, Mangalagudi, Y.Othakadi, Madurai District.

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G.R.SWAMINATHAN, J.

ias 21.12.2022 6/6