M. Mohamed Ismail v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Mohamed Ismail ... Petitioner Vs 1.The District Collector, Collectorate, Trichy District.
2.The Revenue Divisional Officer, Office of Srirangam Division, Trichy District.
3.The Tahsildar, Manapparai Taluk, Trichy District.
4.The Special Tahsildar, Town Land Survey Scheme, Manapparai Taluk, Trichy District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 03.11.2015 within stipulated time fixed by this Court and direct the respondents to register petitioner's name in the SLR 1/5
register maintained by fourth respondent and to issue patta in favour of petitioner after sub division in respect of S.No.716/3A corresponding T.S.No.8 situated in Puthanatham Road, Ward No 20, Manapparai Taluk, Trichy District. For Petitioner : Mr.A.Thiyagarajan For Respondents : Mr.S.Shanmugavel Additional Government Pleader
ORDER
Heard the learned counsel on either side.
2. The petitioner submitted a representation dated 09.09.2015 before the fourth respondent. Since it was not considered, this writ petition came to be filed.
3. The learned counsel appearing for the petitioner after reiterating all the contentions set out in the affidavit filed in support of the writ petition called upon this Court to direct the fourth respondent to enter the name of the in the SLR.
4. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's request is not feasible of 2/5
compliance. The entry in the SLR indicates who was originally in possession of the subject property. He drew my attention to the relevant portion set out in the hand book on land administration issued by the Commissioner of Land Administration and Anna Administrative Staff College, Chennai. It reads as follows:
"SLR: (Settlement Land Register) After independence while reviewing the land administration the State felt that a substantial portion of villages were not under the direct control of Government as they vest with the intermediaries. In order to streamline and to bring uniform settlement and control of all villages, the State enacted the Tamil Nadu Estate (Abolition and Conversion into Ryotwari) Act, 1948 and embarked survey, demarcation and enumeration activities of all Zamin villages (intermediary villages). The dates so gathered are combined and fed into the first register for the Zamin villages i.e., Settlement Land Registrars (SLR)."
I endorse the stand of the learned Additional Government Pleader that if according to the petitioner, his name should figure in the revenue record, he has to move the jurisdictional civil Court for establishing the same. In the alternative he can also move the jurisdictional Tahsildar for issuance of patta. It is for the Tahsildar concerned to go through the petitioner's documents and 3/5
after putting all the stakeholders and interested persons on notice pass an appropriate order. Therefore, the question of making an alteration in the SLR entry does not arise at all.
5. Granting liberty to the petitioner to avail appropriate legal rights open to him, this writ petition stands dismissed. There shall be no order as to costs. 16.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Collectorate, Trichy District.
2.The Revenue Divisional Officer, Office of Srirangam Division, Trichy District.
3.The Tahsildar, Manapparai Taluk, Trichy District.
4.The Special Tahsildar, Town Land Survey Scheme, Manapparai Taluk, Trichy District.
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G.R.SWAMINATHAN, J.
MGA 16.08.2023 5/5