P.R.Kannappan v. The Director Of Survey And Settlement
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.06.2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.16116 of 2025 P.R.Kannappan ... Petitioner .Vs.
1.The Director of Survey and Setltement, P.W.D.Estate, Chepauk, Triplicane, Chennai-05.
2.The Assistant Settlement Officer, Madurai, Madurai District.
3.The District Collector, Sivagangai District, Sivagangai.
4.The District Revenue Officer, Sivagangai, Sivagangai District.
5.The Tahsildar, Kalayarkoivil Taluk, Sivagangai District.
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6.The Commissioner, Kalayarkovil Panchayat Union, Kalayarkovil, Sivagangai 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 fourth respondent to implement the direction of the first respondent in his proceedings in R.P.No.18/77, dated 28.2.1977 and transfer the patta for the land in S.No.75/3 situated at Somanathamangalam Village Group, Kalayarkovil Taluk, Sivagangai District to an extent of 1.47 acres in the name of the Petitioner, based on the petitioner's application, dated2.5.2025. For Petitioner : Mr.V.Kannan For Respondents : Mrs.S.Jeya Priya 1 to 5 Government Advocate
O R D E R
The Petitioner seeks a direction to the fourth respondent to implement the order passed by the first respondent in his proceedings in R.P.No.18/77, dated 28.2.1977 and to transfer the patta for the land in S.No.75/3 situated at Somanathamangalam Village Group, Kalayarkovil Taluk, Sivagangai District to an extent of 1.47 acres in the name of the Petitioner, based on the petitioner's application, dated 2.5.2025.
2.Mrs,Jeya Priya, learned Government Advocate takes 2/7
notice for the respondents 1 to 5. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.According to the Petitioner, 8.87 acres of land in S.No.75/1 originally belong to the petitioner's mother Deivanai Achi @ Chudi koduthan Achi. Ryotwari Patta was issued in her name in respect of the entire extent. Subsequently, in the year 1965, the Petitioner's mother constructed a Oorani(Water body) to an extent of 1.39 acres in the above mentioned land and gifted the said extent in favour of local authority namely, Kayalarkoil Panchayat Union on 12.10.1962. Subsequently, the second respondent by mistake cancelled the ryotwari patta issued in favour of the petitioner's mother for the entire extent and the entire extent was classified as ''chettikulam and Pillaiyar Koil Poramboke''. Aggrieved by the said order, the Petitioner preferred a revision before the first respondent in R.P.No.18/77 The said revision was allowed and S.No.
75/1 was split into three parts. 1.39 acres of land gifted by the Petitioner's mother to local authority was assigned with a sub division No. 75/3 and the same was classified as 'Pillaiyar Koil Poramboke'.The remaining extent was split into two survey Nos. in S.Nos.75/1 and 75/4 with an extent of 7.18 acres and 0.
of Petitioner. Thus the Petitioners mother's right over 1.48 acres of land was affirmed by the first respondent. Now in the revenue records, the extent of the water body situated in S.No.75/3 is wrongly mentioned as 1.16 hectare equivalent to 2.86 acres more than 1.30 acres as ordered by the first respondent. Therefore the Petitioner submitted a representation before the fourth respondent on 2.5.2025 seeking correction in the revenue records with regard to the extent of property situated in S.No.75/3. The said representation has not been considered by the fourth respondent. Hence the Petitioner has come before this Court with the present Writ Petition for the relief stated supra.
4.Mrs.S.Jeya Priya, learned Government Advocate, who takes notice for the respondents 1 to 5 would submit that the fourth respondent has already initiated enquiry on the representation submitted by the Petitioner and the same will be completed within the time stipulated by this Court. 5.In view of the same, without expressing any opinion on the merits of the matter, the fourth respondent is directed to consider the representation of the Petitioner, dated 2.52025 in the light of the order passed by the first respondent in R.P.NO. 18/1977, dated 23.2.1977 and pass final orders on its own merits 4/7
after issuing notice to the Petitioner, within a period of 12 weeks from the date of receipt of a copy of this order. . 6.With the above direction, the Writ Petition stands disposed of. No costs.
16.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Director of Survey and Setltement, P.W.D.Estate, Chepauk, Triplicane, Chennai-05.
2.The Assistant Settlement Officer, Madurai, Madurai District.
3.The District Collector, Sivagangai District, Sivagangai.
4.The District Revenue Officer, Sivagangai, 5/7
Sivagangai District.
5.The Tahsildar, Kalayarkoivil Taluk, Sivagangai District.
6.The Commissioner, Kalayarkovil Panchayat Union, Kalayarkovil, Sivagangai District.
S.SOUNTHAR.,J.
vsn ORDER MADE IN W.P(MD)No.16116 of 2025 6/7
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