Malaikannan.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.16301 of 2020 & 25592 of 2023 R.Malaikannan ... Petitioner Vs.

1.The District Collector, Collectorate, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Collectorate, Ramanathapuram.

3.The Tahsildar, Rajasingamangalam Taluk, 4.S.Poosaithurai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the third respondent in 1/4

O.Mu.A3/2389/2020 dated 10.08.2020 and quash the same as illegal and directing the third respondent to survey the eastern side of land in Survey Nos.282/6A1 and 282/6A2 and enter as cancel in the village record, which is situated at Kudaloor Village, Rajasingamangalam Taluk, For Petitioner : No Appearance For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R.1 to R.3 No Appearance for R.4

ORDER

None appears for the writ petitioner. There is no representation on the side of the fourth respondent also.

2.I went through the contents of the affidavit filed in support of the materials enclosed in the typed set of papers and heard the learned Additional Government Pleader appearing for the official respondents. It is seen that in the title document standing in the name of the petitioner, there is reference to the existence of a channel in the petition mentioned property. The petitioner applied to the Tahsildar, Rajasingamangalam for 2/4

noting the existence of the channel in the revenue record. The Tahsildar informed the petitioner that since in the revenue record there is no reference to the existence of the channel, the question of entertaining the same in the village account is not possible. Communication to this effect was also issued. Challenging the same, the present writ petition came to be filed.

3.When the petitioner has not enclosed any material to show that the anterior revenue record or the FMB or the Village accounts indicated the existence of the channel in the petition mentioned land, the revenue authority cannot be expected to comply with the petitioner's request. The impugned communication is sustained. This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

12.01.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, Collectorate, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Collectorate, Ramanathapuram.

3.The Tahsildar, Rajasingamangalam Taluk, and W.M.P(MD)Nos.16301 of 2020 & 25592 of 2023 12.01.2024 4/4