B.Chandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)No.19883 of 2024 B.Chandran ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai, Sivagangai District.

3.The Block Development Officer, Manamadurai, Sivagangai District.

4.A.Selvam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to take immediate action against the respondents 2 & 3 and consequently direct to change 1/6

the classification of Survey No.190/5 situated at Vellikurichi Village, Periya Aavarangadu, Manamadurai Taluk, Sivagangai District from Grama Natham to Veethi as existing earlier.

For Petitioner : Mr.A.Muthukumar For RR 1 & 2 : Mr.V.Om Prakash Government Advocate For R - 3 : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the first respondent to take immediate action against the respondents 2 and 3 and consequently, to direct a change in the classification of Survey No.190/5 ,situated at Vellikurichi Village, Periya Aavarangadu, Manamadurai Taluk, Sivagangai District from Grama Natham to Veethi, as it existed earlier.

2.The learned counsel appearing for the petitioner would submit that the respondents 2 and 3, in order to favour the fourth respondent, who is the President, had mutated the revenue records and reclassified the lands. At the 2/6

outset, the complaint filed by the petitioner reveals that the revenue records are tampered regarding Survey No.190/5.

3.The second respondent/the Tahsildar, filed a counter-affidavit stating that there was only one access from Natham Mela Kudiyiruppu to reach Thirupachethi to Kattanur Main Road, which passes through Survey No.190/5. The entire extent was classified as Veethi and the same is nothing to do with water body (vaikkal), which passes through the adjacent Survey Nos.190/4 and 190/6. The classification of these adjoining lands has never been changed. As on date, there is no proposal to lay road in Survey No.190/5 and the apprehension of writ petitioner is without any iota of material evidence. 4.However, the learned counsel appearing for the petitioner disputes the said statement made by the Tahsildar, as the allegations itself are against the Tahsildar and the Block Development Officer.

5.Therefore, it is necessary to direct the District Collector to conduct an independent enquiry and verify the changes made to the revenue records, particularly with regard to the classification of the lands etc. 3/6

6.In view of the disputed facts between the parties relating to the revenue records, more specifically in connection with the public property involving a water body, the first respondent/the District Collector, Sivagangai District is directed to conduct an enquiry by affording due opportunity to all the parties, including the petitioner. Thereafter, the District Collector shall decide the issues on merits and pass appropriate orders, communicating the same to the petitioner and other parties. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. 7.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [S.M.S.,J.] & [A.D.M.C.,J.] 24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai, Sivagangai District.

3.The Block Development Officer, Manamadurai, Sivagangai District.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 24.06.2025 6/6