Jainullabdeen v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.02.2023 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.15758 of 2016 Jainullabdeen Petitioner Vs.
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Revenue Divisional officer, Paramakudi Revenue Divisional Office, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Muthukulathur Taluk, Ramanathapuram District.
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the third respondent to implement the order passed by the second repspondent in Moo.Mu.6226/99(A2), dated 16.09.1999 to enter the original entry in the name of the petitioner in Survey No. 401/8 measuring 0.13.Ares situated at Keelachirupothu Village, 1/5
Muthukulathur Taluk, Ramanathapuram District in the village revenue records based on the petitioner's representations dated 21.01.2016 and 02.03.2016.
For Petitioner :Mr.K.Neelamegam For Respondents :Mr.A.Kannan Additional Government Pleader
O R D E R
This writ petition is filed for a Mandamus, to direct the third respondent to implement the order passed by the second respondent in Moo.Mu.6226/99(A2), dated 16.09.1999 by considering the petitioner's representations dated 21.01.2016 and 02.03.2016.
2.The learned counsel appearing for the petitioner submits that the Revenue Divisional Officer has already passed an order in favour of the petitioner in the year 1999. However, it has not been effected in the Revenue Records.
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3.The learned Additional Government Pleader appearing for the respondents has produced the proceedings of the District Revenue Officer in Ne.Mu.(P5)/41494/2016 dated 20.10.2022 and submits that the land in Survey No.401/8 to an extent of 0.13.0 Ares has been classified as a 'Government Poramboke Mayanam' as per the settlement made in the year 1958. However, this petitioner has made a representation based on the proceedings of the Revenue Divisional officer in Moo.Mu.A2/6226/1999, dated 16.09.1999. The District Revenue Officer has recorded that the said files of the Revenue Divisional Officer are not available with their Office. In the absence of the files, the District Revenue Officer has proceeded with the settlement Register and has recorded that this land is a 'Mayanam' and has rejected the appeal preferred by the petitioner. 4.In view of the subsequent development, and recording the proceedings of the District Revenue Officer, dated 20.10.2022, this Writ petition is dismissed with a liberty to the petitioner to 3/5
challenge the orders of the District Revenue Officer in the manner known to law. No costs.
28.02.2023 Index: Yes/No Internet: Yes/No vrn To 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Revenue Divisional officer, Paramakudi Revenue Divisional Office, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Muthukulathur Taluk, Ramanathapuram District.
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B.PUGALENDHI, J vrn Order made in W.P(MD) No.15758 of 2016 28.02.2023 5/5