Madras High CourtWP(MD)/15394/2025disposed of

S.Sathiyamurthy v. The District Collector

2025-06-06Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Sathiyamurthy ... Petitioner Vs.

1. The District Collector Madurai.

2. The District Revenue Officer, Madurai

3. The Revenue Divisional Officer Madurai Revenue Division, Madurai.

4. The Tahsildar, Madurai West, Madurai.

5. The Settlement Tahsildar, Madurai West, Madurai.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to take appropriate action on petitioner's representation dated 05.05.2025 thereby seeking to execute the classification change of the

petitioner's housing plot measuring about 291.5 sq.mts comprised in town survey No.279/2 situated in Block No.5 Ward No.8 Melmadurai Village, Madurai North Taluk , Madurai District from Sarkar Manai to Ryotwari within a reasonable time to be fixed by this Court. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the the respondents 1 and 2, to consider his representation dated 05.05.2025, seeking correction in the revenue records with regard to the classification of the petitioner's housing plot measuring about 291.5 sq.mts comprised in Town survey No.279/2 situated in Block No.5, Ward No.8, Melmadurai Village, Madurai North Taluk , Madurai District.

2. Heard the arguments of Mr.P.Ganapathi Subramanian, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents.

3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. It is the case of the petitioner that the above mentioned property was gifted to him by his uncle, viz., Mahadevan under gift deed dated 26.05.1969. The said Mahadevan in turn purchased two properties under two sale deeds dated 15.07.1953 and 09.04.1954. In the gift deed and prior sale deeds, the existence of the house is mentioned. It is further stated by the petitioner that in the town survey records, the petitioner's subject property has been described as "Sarkar Manai" instead of "Ryotwari Manai". Therefore, the petitioner submitted a representation before the respondents on 05.05.2025, seeking correction of the entry in the town survey records with regard to the classification of the subject property. The same has not been considered. Hence, the petitioner has come before this Court.

5. The learned Additional Government Pleader appearing for the respondents would submit that the representation submitted by the petitioner was already forwarded to the District Collector by the fourth

respondent in his proceedings Na.Ka.No.1765/2025/B and the representation will be considered in accordance with law.

6. In view of the said submission made by the learned Additional Government Pleader appearing for the respondents, the first respondent is directed to consider the representation of the petitioner dated 05.05.2025 and pass final orders on its own merits within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and other interested parties. 7 With the above direction, this Writ Petition is disposed of. No costs.

06.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No LS