Jegadeeswari v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]No.18701 of 2021 Jegadeeswari ... Petitioner Vs.
1.The District Revenue Officer, Madurai District, Madurai.
2.The Tahsildar, Madurai North Taluk, Madurai District.
3.The Zonal Deputy Tahsildar, Sathamangalam Zone, Madurai North Taluk, Madurai District.
4.The Village Administrative Officer, 90, Sathamangalam Group, Managiri bit2, Madurai North Taluk, Madurai District.
5.The Assistant Commissioner, Madurai Corporation (Division - 2), Madurai.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first and second respondents to rectify the wrong classification of the portion of land belonging to the petitioner as 'Road' and issue patta to the petitioner in respect of the portion of land comprised in Town Survey No.96/1 situate at Managiri Village 1st bit, Madurai North Taluk, Madurai District.
For Petitioner : Mr.S.Ramu For Respondents 1 to 4 : Mrs.S.Jeyaprabha Government Advocate For Respondent No.5 : Mr.S.Vinayak 1/3
O R D E R
*********** This Writ Petition has been filed for a Mandamus seeking for a direction to the first and second respondents to rectify the alleged wrong classification of the portion of land belonging to the petitioner as 'Road' and issue patta to the petitioner in respect of the portion of land comprised in Town Survey No.96/1 situated at Managiri Village 1st bit, Madurai North Taluk, Madurai District, based on the petitioner's representation dated 01.02.2020. 2.According to the petitioner, the aforementioned land has been wrongly classified as a road, though it belongs to the petitioner. It is the case of the petitioner that the fourth respondent has already conducted a thorough enquiry, after perusing the documents of the petitioner and has recommended to the second respondent on 07.01.2021 for rectification of the classification. According to her, despite the said recommendation, till date, no final orders have been passed. In such circumstances, she has filed this writ petition.
3.The petitioner has filed documents along with this writ petition in support of her contention that the subject land is absolutely owned by her. According to her, wrong classification has been made in the revenue records as if the subject property is a road, whereas, it belongs to the petitioner absolutely. Admittedly, the fourth respondent has already recommended the case of the petitioner to the second respondent on 07.01.2021 for rectifying the mistake committed in the revenue records which has wrongly been classified as a road. No final orders have been passed by the second respondent till date.
4.No prejudice would be caused to the respondents, if a direction is issued by this Court for passing of the final orders within a time frame to be fixed by this Court based on the recommendation given by the fourth respondent dated 07.01.2021. 5.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation seeking for rectification of the mistake committed in the revenue records under which the petitioner's land comprised in Town Survey No.96/1 situated at Managiri Village 1st bit, Madurai North Taluk, Madurai District, has been wrongly classified as road, though the said land belongs to the petitioner, within a period of twelve [12] weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the fifth respondent including granting her the right of personal hearing and other necessary parties, whom the second respondent deems fit to enquire. 2/3
6.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Revenue Officer, Madurai District, Madurai.
2.The Tahsildar, Madurai North Taluk, Madurai District.
3.The Zonal Deputy Tahsildar, Sathamangalam Zone, Madurai North Taluk, Madurai District.
4.The Village Administrative Officer, 90, Sathamangalam Group, Managiri bit2, Madurai North Taluk, Madurai District.
5.The Assistant Commissioner, Madurai Corporation (Division - 2), Madurai.
+1 CC to M/s.SPL.GP ( SR-17898[F] dated 11/04/2022 ) +2 CC to M/s.S. RAMU, Advocate ( SR-18165,18221[F] dated 12/04/2022 ) 08.04.2022 RK(25/04/2022) 3P 9C 3/3