Thiraviyam .T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.13015 of 2023 1.T.Thiraviyam 2.A.Katturaja 3.R.Kirubakaran 4.C.Muthukrishnan 5.G.Abraham 6.P.Jeya Chandran 7.C.Mahalingam ... Petitioners vs.

1.The District Collector, Office of the Collector, 2.The District Revenue Officer, Office of the District Revenue Officer, 3.The Block Development Officer, 1/6

4.The Tahsildar, 5.The President, Karupatti Village Panchayat, 6.P.Periyar ... Respondents [R6 is impleaded vide order dated 06.03.2025 in W.M.P(MD)No.15553 of 2023] PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to cancel the wrong classification as Government Poromboke in the UDR scheme for the land in Madurai District, Vadipatti Taluk, Karupatti Village Panchayat, Bommanpatti Village, S.No.283/4 and issue patta in the name of the petitioners for their respective properties by considering the representation of the petitioners dated 24.04.2023 within a time frame as may be fixed by this Court. For Petitioners : Mrs.P.Jessi Jeeva Priya For Respondents : Mrs.Jeyapriya Government Advocate for R1 to R5 Mr.K.Jeyamohan for R6 2/6

ORDER

Heard the learned counsel on either side.

2.The petitioners only seek issuance of a Writ of Mandamus to direct the second respondent to cancel the alleged wrong classification of the subject lands as Government Poromboke lands and to issue patta to the petitioners in respect of S.No.283/4, measuring an extent of 44 cents.

3.The grievance of the petitioners is that the said 44 cents belonged to the petitioners' ancestors and by way of succession, the petitioners have come to enjoy the subject lands and a joint patta has also been issued in Patta No.227. According to the petitioners, the petitioners came to know about their lands being classified as Government Poromboke Tharisu lands at the time of UDR survey and the patta in the name of the petitioners' ancestors was also deleted. The petitioners made representation to the official respondents to cancel the wrong classification by representation dated 24.04.2023. It is also the case of the petitioners that the Panchayat, by proceedings dated 03.05.2023, forwarded the 3/6

said representation of the petitioners to the third respondent to take further action. The petitioners have, thereafter, approached this Court, directing the second respondent to take action on their representation for cancelling the wrong classification of the lands and to consequently issue patta in the name of the petitioners. The said request of the petitioners was strongly objected to by the newly impleaded sixth respondent on the ground that more than 40 years back, the lands had been reclassified as Government Poramboke Tharisu lands and the entire 44 cents had already been put to use for public purposes, including the construction of overhead water tank.

He would therefore contend that the petitioners are not entitled to patta and their claim for cancellation of the alleged wrong classification as Government Poromboke at the time of UDR scheme is also incorrect. Be that as it may, the petitioners only seek issuance of a Writ of Mandamus and all these factors can be considered by the second respondent, the competent authority, while disposing of the petitioners' application for rectification.

4.In the light of the above, the second respondent is directed to conduct an enquiry, hear the petitioners as well as the sixth respondent and pass orders on 4/6

merits and in accordance with law, disposing of the petitioners application, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 06.03.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The District Collector, Office of the Collector, 2.The District Revenue Officer, Office of the District Revenue Officer, 3.The Block Development Officer, 5/6

P.B.BALAJI , J.

sji 4.The Tahsildar, 5.The President, Karupatti Village Panchayat, 06.03.2025 6/6