K.B.Mohammed Absalique v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.23560 of 2015 K.B.Mohammed Absalique

...Petitioner

Vs.

1.The District Collector, Pudukkottai.

2.The District Revenue Officer, Pudukkottai.

3.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

4.The Tahsildar, Kulathur at Keeranur, Keeranur Post, Kulathur Taluk, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to rectify the mistake that had erupted in the revenue records with regard to S.F No.194 of Keeranur Village and declare the same as "Natham" and consequently direct the fourth respondent to issue patta to the petitioner for 803-79 sq.mt in S.F No.194 of Keeranur Village at once and pass such further or other orders as this 1/4

Court may deem fit and proper in the circumstance of the case and thus render justice.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.D.Gandhiraj, Special Government Pleader for R1 to R4

ORDER

Heard the learned counsel on either side.

2.The petitioner has approached the first respondent for reclassifying the petition-mentioned survey number as Natham. Since his efforts did not yield any result, the present writ petition came to be filed in the year 2015. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that the jurisdictional Tahsildar has undertaken the exercise of processing the petitioner's application. My attention is drawn to the urgent memo dated 21.11.2022 issued by the Tahsildhar, Kulathur which calls upon the Firka Surveyor to indicate the portion wherein the villagers have put up constructions and are residing. However, a contra stand has taken by the learned Additional Government Pleader. 2/4

3.I do not want to go into the rival contentions. It is also stated that the similarly placed individuals has already filed civil suit and that it is still pending in OS No.111 of 2016 on the file of the District Munsif Court, Keeranur. Since the jurisdictional civil court is seized of the matter and since the authorities are also processing the application, it is not necessary for this Court to give any direction as such. Leaving open the petitioner's rights and remedies, this writ petition is disposed of. No costs.

22.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No Skm To 1.The District Collector, Pudukkottai.

2.The District Revenue Officer, Pudukkottai. 3.The Revenue Divisional Officer, Iluppur, Pudukkottai District. 4.The Tahsildar, Kulathur at Keeranur, Keeranur Post, Kulathur Taluk, Pudukkottai District. 3/4

G.R.SWAMINATHAN, J.

SKM W.P(MD)No.23560 of 2015 08.08.2023 4/4