Lakshminarayanan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Lakshminarayanan ... Petitioner Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli District, Tirunelveli.
3.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.
4.The Tahsildar, Tirunelveli Taluk, Tirunelveli 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 to change patta in the name of the petitioner pertaining to the land in Survey No.54/1 bearing Town Survey No.4/1 situated in Ward-M, Block 19 admeasuring about 72 Cents situated at Kandiyaperi Part II Village Group, Tirunelveli Taluk, Tirunelveli District and to make appropriate corrections I to the Government records including the revenue records on the basis of the petitioner's representation dated 10.10.2019. For Petitioner : Mr.V.Kannan For Respondents : Mr.P.Subbaraj, Counsel for State.
ORDER
The petitioner seeks a change in the patta relating to the land bearing Survey No.541/1, Town Survey No.1, Ward-M, Block 19 admeasuring about 72 Cents situated at Kandiyaperi Part II Village Group, Tirunelveli Taluk, Tirunelveli District.
2. The petitioner traces title to the aforesaid land through his grandfather Mr.Muthusamy Iyer. The Adangal extract in favour of his grandfather is cited in such regard. The petitioner states that his grandfather bequeathed the land under a Will dated 25.07.1962 in favour of his grandsons, i.e. the petitioner and his 1/3
brothers. The petitioner alleges that the land was wrongly classified as poromboke land in 1983. Therefore, the petitioner submitted a representation on 10.10.2019 seeking a change in the patta by including the petitioner and his brothers' names therein.
3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the representation of the petitioner may be directed to be considered and disposed of on merits.
4. The petitioner has enclosed the partition deed dated 20.01.1962 under which it is said that his grandfather acquired title to the relevant property. The Adangal extract has also been enclosed. The Town Survey Land Register is also enclosed and such Town Survey Land Register indicates that the land is classified as 'Sarkar poromboke'. The said Town Survey Land Register refers to proceedings of 07.04.2018.
5. In view of the aforesaid submissions and documents, the petitioner has made out a case for the consideration of his representation.
6. Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider the petitioner's representation dated 10.10.2019 and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner and any other person who would be affected by such decision. Such reasoned order shall be issued within a period of three (3) months from the date of receipt of a copy of this order.
7.W.P.(MD).No.15926 of 2021 is disposed of on these terms without any order as to costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/LM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli District, Tirunelveli.
3.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.
4.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.
+1 CC to M/s.SPL GP (SR-28501[F] dated 08/09/2021) 07.09.2021 NSN(CO) SB(16.09.2021) 3P 6C 3/3