Sankarayammal v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA 1.Sankarayammal 2.Murugesan 3.Chinnathai 4.Arunachalam 5.Jothi Anandan 6.Rajaguru 7.Vanithamani 8.Mayilathal 9.Subramania Gounder 10.Sornammal 11.Rajasekar .. Petitioners Petitioners are represented by their General Power of Attorney Mr.S.Madhan Vs.
1.The Commissioner of Land Administration, Commissionerate of Land Administration (CLA), Ezhilagam, P.W.D. Estate, Chepauk, Triplicane, Chennai-600 005.
2.The District Collector, Dindigul District, Dindigul.
3.The District Revenue Officer, Dindigul District, Dindigul.
4.The Revenue Divisional Officer, Dindigul, Dindigul District.
5.The Tahsildar, Aathur Taluk, Aathur, Dindigul District.
6.The Village Administrative Officer, Palakkanuthu Village, Aathur Taluk, Dindigul District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to conduct appropriate enquiry for rectification of the erroneous classification of the entries made in all the revenue records pertaining to the land bearing S.No.318/2 of an extent of 2 Acre 12 cents situate at Palakkanuthu village, Aathur Taluk, Dindigul District, instead of maintaining the actual entries as per settlement Ledger Register (SLR) but behind back of the petitioners the classification of land was changed as Government Promboke tank by considering the judgment and decree passed in O.S.No.18 of 2009 on the file of the Additional District Munsif Court, Dindigul, dated 07.11.2012.
For Petitioners :
Mr.A.Saravanan For Respondents :
Mr.P.Thambidurai Government Advocate
ORDER
The petitioners seek a mandamus to the respondents to conduct an enquiry and rectify the erroneous classification made in the revenue records in respect of S.No.318/2 measuring 2 Acres 12 cents at Palakkanuthu Village, Aathur Taluk, Dindigul District, where the land has been classified as a "Government Poramboke Tank" instead of the original classification of land shown in the individual names of Nainappa Gounder and Chinnappa Gounder. This request has been made pursuant to the judgment and decree dated 07.12.2012 in O.S.No.18 of 2009 on the file of the Additional District Munsif Court, Dindigul. The learned Judge had declared the property to be the absolute property of the petitioners and an injunction was also granted. It is also the contention of the petitioners that in the judgment, the learned Judge had given a finding that the classification had been changed without notice to the
petitioners and therefore, the same is not binding on them. There has been no appeal against the said order. Therefore, the petitioners seek a mandamus.
2. Heard the learned counsel on either side.
3. Considering the above facts, a mandamus is issued to implement the judgment and decree in O.S.No.18 of 2009, dated 07.12.2012 and reclassify the land to its original state within a period of six weeks from the date of receipt of a copy of this order.
4. With the above direction, this Writ Petition is allowed. No costs.
28.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The Commissioner of Land Administration, Commissionerate of Land Administration (CLA), Ezhilagam, P.W.D. Estate, Chepauk, Triplicane, Chennai-600 005.
2.The District Collector, Dindigul District, Dindigul.
3.The District Revenue Officer, Dindigul District, Dindigul.
4.The Revenue Divisional Officer, Dindigul, Dindigul District.
5.The Tahsildar, Aathur Taluk, Aathur, Dindigul District.
6.The Village Administrative Officer, Palakkanuthu Village, Aathur Taluk, Dindigul District.
P.T.ASHA, J.
abr Dated: 28.10.2024 (2/2)