Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.20363 of 2024 Ganesan .. Petitioner v.
1.The District Collector, District Collectorate Office, Ramanathapuram, Ramanathapuram District.
2.The Tahsildar, Tahsildar Office, Paramakudi Taluk, Ramanathapuram District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 27.06.2024 in Oo.Mu.C4/4197/2024 on the file of the second respondent, quash the same 1/6
and consequently, directing the second respondent to issue patta in favour of the petitioner.
For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.D.S.Nedunchezhian, Government Advocate *****
ORDER
The petitioner claims that he has purchased a property in S.No.192/6 to an extent of 62 cents at Keelaparuthiyur Group, Keelaparuthiyu Village, Paramakudi Taluk, Ramanathapuram District, from the legal heirs of one Ariyamuthupulavar, by way of a registered sale deed in Doc.No.668 of 1995. He has approached the second respondent / Tahsildar for transfer of patta. The second respondent, by the order impugned dated 27.06.2024, rejected the petitioner's application that the subject property is classified as Government Poromboke. Challenging the same, the petitioner has filed this writ petition.
2.Learned Counsel for the petitioner submitted that the subject property originally belonged to one Ariyamuthupulavar and all the 2/6
revenue records, including the patta, settlement register are standing in the name of Ariyamuthupulavar. However, by referring the adangal register, the Tahsildar has rejected the petitioner's request for transfer of patta. 3.Mr.D.S.Nedunchezhian, learned Government Advocate takes notice for the respondents and has produced the written instructions received from the second respondent / Tahsildar. He submitted that the subject property is recorded as Government Poromboke in the Village Adangal Register, however, he admitted that the petitioner's vendor, Ariyamuthupulavar, was issued with a patta and that the petitioner has purchased the property by way of a registered document in the year 1995. He further submitted that the first respondent / District Collector is vested with the power to change the classification and that the second respondent has forwarded the papers to the first respondent. 4.This Court considered the rival submissions made on either side and perused the materials placed on record.
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5.The petitioner's request for change of patta has been rejected by the Tahsildar holding that the land has been classified as Government Poromboke in the Village Adangal Register. The petitioner, on the other hand, claims that his vendor was issued with a patta and that apart from the Village Adangal Register, his vendor's name was recorded in all other revenue records, viz., 10(1) Settlement Register, 'A' Register, Patta. This was admitted by the Tahsildar in the written instructions provided to the learned Government Advocate. The Tahsildar further claimed that the papers have now been forwarded to the first respondent / District Collector.
6.In view of the above position, this writ petition stands disposed of, with a direction to the first respondent to conduct an enquiry, provide an opportunity of hearing to the petitioner and pass a detailed order, on merits and in accordance with law. In the event, if any wrong entries have been made in the Village Adangal Register, necessary orders have to be passed correcting the same. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order. 4/6
There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Index :
Yes / No 14.10.2024 NCC :
Yes / No Internet :
Yes gk To 1.The District Collector, District Collectorate Office, Ramanathapuram, Ramanathapuram District.
2.The Tahsildar, Tahsildar Office, Paramakudi Taluk, Ramanathapuram District.
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B.PUGALENDHI, J.
gk 14.10.2024 6/6