Devakumari.G v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Devakumari ... Petitioner Vs 1.The District Revenue Officer, Thanjavur, Thanjavur District.

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

3.The Tahsildar Peravurani Taluk, Thanjavur District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to change the classification of the land from Anandhinam in the records and issue a separate Patta to petitioner in Survey Nos.252/2 and 252/3 which are situated in Karuppamanai Village, Peravurai Taluk, Thanjavur District with an extent of 25 cents each by way of concluding the proceedings in e.f.107/2019/m4 dated 06.12.2019.

For Petitioner : Mr.K.P.Sankarakumarakuruparan For Respondents : Mr.A.K.Manikkam, Special Government Pleader 1/4

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the respondents to conclude the proceedings pending in e.f.107/2019/m4, dated 04.12.2019, within a time frame fixed by this Court.

2. The petitioner has sought for the change of classification of the land from anathinam and to issue a separate patta in her favour with respect to the subject property.

3. The learned Special Government Pleader based on the written instructions received from the third respondent submitted that the patta cannot be granted in favour of the petitioner, since the property has been classified as "Anathinam" in the revenue records.

4. The petitioner has sought for the change of classification of the land from Anathinam and thereafter for issuance of a separate patta. The change of classification cannot be dealt with by the third respondent 2/4

and it is only the first respondent, who can deal with the same. In any case, the representation made by the petitioner is available with the first respondent. Therefore, the first respondent can get a report from the third respondent and consider the representation made by the petitioner and pass orders within the time frame fixed by this Court.

5. In view of the above, there shall be a direction to the first respondent to pass orders on the representation made by the petitioner on its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

09.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

N.ANAND VENKATESH, J.

tsg To 1.The District Revenue Officer, Thanjavur, Thanjavur District.

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

3.The Tahsildar Peravurani Taluk, Thanjavur District.

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