Vimal Kankani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Vimal Kankani ... Petitioner Vs 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.
4.The Thasildar, Tiruchuli Taluk, Virudhunagar District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to restore the Patta No.222 in the name of the petitioner for his land in Survey No.83/2, Agathakulam Village, Tiruchuli taluk, Virudhunagar District measuring to an extent of 0.12.15 Hectare forthwith by considering the order in 1/5
Na.Ka.AA4/6240/2020 dated 07.11.2022 passed by the second respondent within time frame fixed by this Court. For Petitioner : Mr.V.Sukumar For Respondents : Mr.M.Sarangan Additional Government Pleader
O R D E R
The case of the petitioner is that the land in S.No.83/2, Agathakulam Village, Tiruchuli Taluk, Virudhunagar District belongs to him and the patta for the subject land originally stands in the name of the petitioner. Now, the land has been classified as 'Government Poramboke Land'. Therefore, the petitioner has submitted an application in the month of September 2022 before the Revenue Divisional Officer, Aruppukottai for restoring his patta and the same is still pending. Hence, the petitioner has filed this writ petition to issue a direction to the respondents for restoration of his patta.
2.Mr.M.Sarangan, learned Additional Government Pleader who takes notice for the respondents on instructions submits that since an order is required from the District Collector for 2/5
reclassification of the land, the application of the petitioner could not be processed further. He admits the mistake crept in the classification of the petitioner's land and submits that already a recommendation has been made by the Revenue Divisional Officer and a call has to be taken by the District Collector. 3.Considering the submissions made by the learned Additional Government Pleader, this writ petition is disposed of with a direction to the first respondent/the District Collector, Virudhunagar to take a decision on the recommendation of the Revenue Divisional Officer, dated 07.11.2022 within a period of eight weeks from the date of receipt of a copy of this order, based on which, the reclassification of the petitioner's land has to be done within a period of four weeks from thereon. No costs. 09.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5
To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.
4.The Thasildar, Tiruchuli Taluk, Virudhunagar District.
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B.PUGALENDHI, J.
vrn Order made in 09.08.2023 5/5