P.I.Ismail, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]No.15641 of 2018 P.I.Ismail ... Petitioner Vs.

1.The District Collector, Tirunelveli, Tirunelveli District.

2.The District Registrar, Tirunelveli, Tirunelveli District.

3.The Sub-Registrar, Melapalayam, Tirunelveli District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the impugned order of the first respondent in Na.Ka.G1/45575/2009 dated 21.06.2017 and quash the same insofar as the land situated in S.No.487 to an extent of 0.81.0 hectares shown in Annexure-III. For Petitioner : Mr.H.Arumugam For Respondent No.1 : Mr.B.Saravanan Additional Government Pleader For Respondents 2&3 : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

This writ petition has been filed challenging the order passed by the first respondent dated 21.06.2017 with regard to the land situated in Survey No.487 measuring an extent of 0.81.0 hectares shown in Annexure-III.

2.The main grievance of the petitioner is that under the aforesaid order passed by the first respondent the said lands are declared to be Panchami lands and is not set apart for depressed class people.

3.A counter affidavit has been filed by the first respondent dated 05.07.2021 in paragraph No.8 wherein it is stated that the petitioner's lands are patta lands and they are not Panchami lands as stated in the first respondent's earlier letter dated 21.06.2017 which has been challenged in this writ petition. 1/3

4.According to the first respondent as seen from the counter affidavit a detailed revised report vide office Na.Ka.No.A1/45575/2009 dated 02.07.2021 has been sent to the second respondent stating that since the said land in S.No.487 is not Panchami land and not set apart for depressed class people, registration of documents can be made by registration authorities concerned in respect of the said land in survey No.487. 5.Since the impediment for registration of documents as seen from paragraph No.8 of the counter affidavit of the first respondent is now gone in view of the revised report dated 02.07.2021, referred to in paragraph No.8, the apprehension of the petitioner as seen from the writ petition is no more.

6.After recording paragraph No.8 of the counter affidavit filed by the first respondent, this writ petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Tirunelveli, Tirunelveli District.

2.The District Registrar, Tirunelveli, Tirunelveli District.

3.The Sub-Registrar, Melapalayam, Tirunelveli District.

2/3

+1 CC to M/s.SPL GP ( SR-7788[F] dated 22/02/2022 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-7933[F] dated 22/02/2022 ) 21.02.2022 SVS(CO) KB(07.03.2022) 3P 6C 3/3