Balasubramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

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

1.The District Collector, Thanjavur District.

2.The District Revenue Officer, Thanjavur, Thanjavur District.

3.The Commissioner, Thanjavur Municipal Corporation, 4.The Tahsildar, Thanjavur Taluk, ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein to mutate the revenue record for Old Survey No.2033, New Survey No.2033/2D situated at Block No.135, Ward No.2, Thanjavur,

Thanjavur District from Kulam to Ryotwari Punja and consequently, issue patta in petitioner's name within the time stipulated in accordance with law on the basis of the representations dated 23.04.2025. For Petitioner : Mr.C.Senthil Murugan For R1, R2 & R4 : Mrs.K.Malathi Additional Government Pleader For R3 : Mr.N.Dilipkumar Standing Counsel

ORDER

The petitioner herein seeks a direction to the respondents to correct the revenue record pertains to Old Survey No.4033, New Survey No.4033/2D (wrongly mentioned as Old Survey No.2033, New Survey No.2033/2D in the prayer portion of the writ petition), situated in Block No.135, Ward No.2, Thanjavur, Thanjavur District, from Kulam to Ryotwari Punja and consequently, issue patta in name of the petitioner, by considering his representation dated 23.04.2025. 2.Heard the arguments of Mr.C.Senthil Murugan, learned counsel

appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1, 2 and 4 and Mr.N.Dilipkumar, learned Standing Counsel appearing for the third respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner would submit that the survey numbers of the subject property is wrongly mentioned as Old Survey No.2033, New Survey No.2033/2D instead of Old Survey No.4033, New Survey No.4033/2D . The said statement is recorded. 4.According to the petitioner, the property situated in Old Town Survey No.4033, New Town Survey No.4033/2D was purchased by him under two registered sale deeds dated 10.08.2022 and 16.08.2022. The said property was described as Ryotwari Punja in 1961 'A' Register.

However, in the 'A' Register prepared by the municipality, the said property has been mentioned as 'Kulam'. Therefore, the petitioner submitted a representation before the first respondent requesting to consider the old 'A' Register and correct the present revenue records.

The said representation has not been considered. Hence, the petitioner has come before this Court.

5.The learned counsel appearing for the petitioner also brought to the notice of this Court that one Rajasekaran had filed a writ petition in W.P(MD)No.11318 of 2025, seeking a direction to the Revenue Authorities to identify the water body called as Vellaikarankulam in Survey No.4033 in Thanjavur Town and to restore the same. The petitioner was arrayed as fifth respondent in the said writ petition. The said writ petition was dismissed by Hon'ble Division Bench of this Court, after recording that no document was produced to establish that Survey No. 4033 was classified as water body.

6.The learned Additional Government Pleader appearing for the respondents would submit that the representation submitted by the petitioner will be considered on its own merits within the time stipulated by this Court.

7. In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to forward the representation of the petitioner dated 23.04.2025 to the fourth respondent within a period of two weeks from the date of receipt of a copy of this order. The fourth respondent shall consider the representation in the light of the old and present revenue records and pass final orders on its own merits within a period of eight weeks from the date receipt of the representation after issuing notice to the petitioner, third respondent and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

02.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No To 1.The District Collector, Thanjavur District.

2.The District Revenue Officer, Thanjavur, Thanjavur District.

3.The Commissioner, Thanjavur Municipal Corporation,

S.SOUNTHAR ,J cp 4.The Tahsildar, Thanjavur Taluk, W.P.(MD)No.17840 of 2025 Dated: 02.07.2025