← Library
Madras High CourtWP(MD)/26594/2023disposed of

Murugan .P v. The District Collector

2023-11-06Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.22888 of 2023 P.Murugan ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

3.The Block Development Officer (Panchayats), Rajapalayam Taluk, Virudhunagar District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ Mandamus directing the respondents to consider the representation of the petitioner dated 09.08.2021 and rectify the classification of the land, being land in S.No.184, Devathanam South Village, Rajapalayam Taluk, Virudhunagar District, in the revenue records by removing the erroneous classification as "Mandhai and 1/4

Kalam" lands and issue Patta in respect of the same to the petitioner within a time frame as may be fixed by this Court.

For Petitioner : Mr.V.Prakash For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1 & R2 Mr.S.Shanmugavel, Additional Government Pleader for R3

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present Writ Petition is to direct the respondents to consider the representation of the petitioner dated 09.08.2021 and rectify the classification of the land in S.No.184, Devathanam South Village, Rajapalayam Taluk, Virudhunagar District, in the revenue records by removing the erroneous classification as "Mandhai and Kalam" lands and issue Patta in respect of the same to the petitioner.

2. By consent of both sides, the Writ Petition itself is taken up for final disposal at the time of admission itself.

2/4

3. It is needless to state that reclassification cannot be effected by the District Collector or District Revenue Officer and such re-classification are to be done only by the Government. However, in the present case, the petitioner states that the entry has been erroneously made in the revenue records during UDR Proceedings as "Mandhai and Kalam". Since the petitioner states that the application was submitted to rectify the error, the said application is to be considered only by the District Revenue Officer, who is competent to verify the revenue records, conduct an enquiry and thereafter, correct the mistakes, if any, occurred. In this regard, the petitioner is at liberty to submit an appropriate application to the jurisdictional District Revenue Officer, who in turn shall consider and take a decision on merits and in accordance with law as expeditiously as possible.

4. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. (S.M.S., J.) & (V.L.N., J.) 06.11.2023 NCC : Yes / No Index : Yes / No SJ 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

3.The Block Development Officer (Panchayats), Rajapalayam Taluk, Virudhunagar District.

06.11.2023 4/4