Bose .P.R v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 04.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22573 of 2022 P.R.Bose
...Petitioner
/Vs./ 1.The Commissioner of Land Administration, Commissioner of Land Administration Office, Elilagam, Chepuakkam, Chennai - 600 005.
2.The District Collector, The District Collector Office, Sivagangai District, Sivagangai.
3.The District Revenue Officer, Sivagangai District, Sivagangai.
4.The Tahsildar, Sivagangai Taluk, Sivagangai 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 Respondent to reclassify the petitioner's land in S.No.171/2 measuring about 1 Acre and 65 cents situated at Sudakkanendhal, Surakulam Group, Sivagangai Taluk, 1/6
Sivagangai District from Kalam and Tharisu to Punja and further direct the respondents to issue patta for the same by considering the petitioner's representation dated 14.05.2022.
For Petitioner : Mr.R.Maheswaran For Respondents : Mr.SRA.Ramachandran Additional Government Pleader
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the respondents to reclassify the petitioner's land in S.No.171/2 measuring about 1 Acre and 65 cents situated at Sudakkanendhal, Surakulam Group, Sivagangai Taluk, Sivagangai District from Kalam and Tharisu to Punja and further direct the respondents to issue patta for the same by considering the petitioner's representation dated 14.05.2022.
2. The case of the petitioner is that originally the subject property was sold from one Murugandi Servai to one Periya Karuppa Velar in the year 1933 and after his demise, his son, Aadheenamilaghi Velar sold the property to the petitioner's mother namely Marimuthu ammal in the year 1955. From that date onwards, he is in possession and enjoyment of the same. The land in S.No. 171/2 was classified as Urani Purakarai in old revenue records. Thereafter, it 2/6
was wrongly classified as Tharisu and Kalam in the revenue records from time to time. It has been always classified as punja land from the year 1933 onwards. Now, the petitioner is aged more than 60 years. According to the petitioner, he is not in a position to enjoy the same peacefully and similarly placed persons have also been given patta. Now, the petitioner sought for reclassification of the land by making necessary correction in the revenue records and for issuance of patta by considering his representation.
3. The learned Additional Government Pleader appearing for the respondents submits that the land in S.No.171/2 has been classified as ''Arasu Poramboke - Kalam" by producing relevant revenue document.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
5. Considering the submissions made on either side, the respondents are directed to conduct an enquiry and pass appropriate orders on the petitioner's representation dated 14.05.2022, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that during enquiry, the petitioner is directed to produce the relevant 3/6
title document and other supporting documents to prove his title, enjoyment and cultivation.
6. With the above directions, this writ petition is disposed of. No costs. 04.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6
TO:- 1.The Commissioner of Land Administration, Commissioner of Land Administration Office, Elilagam, Chepuakkam, Chennai - 600 005.
2.The District Collector, The District Collector Office, Sivagangai District, Sivagangai.
3.The District Revenue Officer, Sivagangai District, Sivagangai.
4.The Tahsildar, Sivagangai Taluk, Sivagangai District.
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V.BHAVANI SUBBAROYAN, J.
sm Order made in W.P(MD)No.22573 of 2022 Dated:
04.01.2024 6/6