Buvaneeshwaran. N.R. v. The District Collector

1 W.P.(MD)NO.18261 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18261 of 2022 N.R.Buvaneeshwaran ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, District Collector Office, Dindigul District.

3. The Tahsildar, Taluk Office, Kodaikanal Taluk, Dindigul District.

4. Jawaharlal

5. N.M.Ravi Bhaskar

6. N.P.Sivakumar ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to include the petitioner's name in the issued patta No.T.S.No.61/3 regarding 1 acre 56 cents of land comprised in New Town Survey No.61/3 at Ward-C, Villpatti Village, Kodaikanal Taluk, Dindigul District, on the basis of the petitioner's representation dated 29.07.2022. 1/5

2 W.P.(MD)NO.18261 OF 2022 For Petitioner : Mr.T.Indrachithu For R-1 to R-3 : Mr.K.Balasubramani, Special Government Pleader.

For R-4 to R-6 : Mr.PT.S.Narendravasan * * *

O R D E R

Heard the learned counsel on either side.

2. The case of the writ petitioner is that in respect of the petition mentioned property, patta stood in the name of Rama Iyer and Venkatesa Iyer. The grievance of the petitioner is that the mutation has now been made in the name of respondents 4 to 6 and that he has been erroneously left out. He has therefore given a petition for including his name also.

3. When the matter was taken up for hearing, the learned counsel appearing for the private respondents drew my attention to the order dated 30.05.2019 made in W.P. (MD)No.11233 of 2019 ( N.R.Jawaharlal and two others 2/5

3 W.P.(MD)NO.18261 OF 2022 V. State of Tamil Nadu ). It is true that the said writ petition filed by the private respondents was allowed and the land was ordered to be re-classified. The fact remains that the land was proposed to be acquired for the benefit of the Adi Dravidars and the said proceedings were quashed by this Court. However, the revenue record continued to reflect the character of the property as Adi Dravidar natham. Seeking reclassification, the said writ petition came to be filed and it was allowed. The order is to the effect that there should be re-classification and the names of the private parties should be included. The writ petitioner herein N.R.Buvaneeshwaran was not shown as a party to W.P.(MD)No.11233 of 2019. Therefore the said order cannot be held to operate to the prejudice of the writ petitioner herein.

4. Therefore, the third respondent is directed to hold an enquiry into the petitioner's representation and after giving notice to the private respondents, pass order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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4 W.P.(MD)NO.18261 OF 2022

5. This writ petition stands disposed of. No costs. 12.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, District Collector Office, Dindigul District.

3. The Tahsildar, Taluk Office, Kodaikanal Taluk, Dindigul District.

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5 W.P.(MD)NO.18261 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.18261 of 2022 12.08.2022 5/5