A.Pandi, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17241 of 2017 M.Pandi ... Petitioner Vs.
1. The District Collector, District Collector Campus, Madurai,
2. The District Revenue Officer, District Revenue Office,
3. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Melur, Office at. Y.Othakadai,
4. The Tahsildar, Melur Taluk, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents No.2 to 4 to cancel the wrong classification as natham vacant site made in S.No.300/2 and modify the same to the patta land in the name of petitioner's father "Arasaradiyan" and consequently direct to provide the Joint Patta in the name of Petitioner and his brothers within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader
O R D E R
The petitioner seeks for a direction to the respondents Nos.2 to 4 to cancel the wrong classification as 'Natham Vacant Site' made in S.No.300/2 situated at T.Vellamuthanpati, Thiruvathavoor, Melur Taluk, Madurai District and modify the same to the patta land in the name of petitioner's father "Arasaradiyan" and consequently direct
to provide the Joint Patta in the name of petitioner and his brothers within the time framed.
2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner would claim that in the year 1963, the Government has assigned the land to an extent of 0.71.0 Ares in S.No.300/14 situated at T.Vellamuthanpatti village, Thiruvathavoor, Melur Taluk, Madurai District in favour of his father, by name, Arasaradiyan S/o Veeran. After assignment, he had developed the land and was in possession and enjoyment of the same. 4.The petitioner would further state that after the demise of his father, the petitioner and his brothers inherited the property and they are enjoying the same. While so, the land was wrongly described as Natham Vacant Land. Hence, the petitioner made a representation for reclassification.
He would further state that the third respondent sent a recommendation to the District Collector. Despite the same, no action was taken, hence, the petitioner sent a representation on 17.04.2017. Even thereafter, there is no progress, hence, the present writ petition. 5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner dated 17.04.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To
1. The District Collector, District Collector Campus, Madurai,
2. The District Revenue Officer, District Revenue Office,
3. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Melur, Office at. Y.Othakadai,
4. The Tahsildar, Melur Taluk, + 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 78942 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 78834 SKN TE/SV-MMS/SAR-I : 26/09/2017 : 3P/7C W.P.(MD)No.17241 of 2017 13.09.2017