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Madras High CourtWP(MD)/28296/2024disposed of

M. Sathaiyah v. The District Collector

2025-06-26Honourable Mr Justice S. Sounthar7 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 26.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR M.Sathaiyah ... Petitioner Vs

1. The District Collector, District Collector's Office, Pudukkottai District.

2. The District Revenue Officer, District Revenue Office, Pudukkottai District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Pudukkottai District.

4. The Tahsildhar, Thirumayam Thasildar Office, Thirumayam Taluk, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 to 4 to club in SF.Nos. 17/3A1 and 17/3A2 as 17/3A and carry out the classification Riyot Punja with an extent of 0.01.0 Ares of Kurichi Revenue Village, Thirumayam Taluk, Pudukkottai District in the village account and computer chitta in the light of the 3rd respondent's order in 1/7

Ne.Mu.No. A4/ 3817/2016 dated 11.07.2019 within a time stipulated by this Court and consequently direct the 4th respondent to issue patta to the petitioner in respect of the aforesaid property 17/3A with an extent of 0.01.0 Ares classified as Riyot Pujai of Kurichi Village, Thirumayam Taluk, Pudukkottai District, by considering the petitioner's representation dated 24.10.2024.

For Petitioner : Mr.R.Paranjothi, for M/s.KBS Law Office For Respondents : Mr.D.S.Nedunchezian, Govt. Advocate

O R D E R

This Writ Petition is filed seeking a direction to the respondents 2 to 4 to club in SF.Nos. 17/3A1 and 17/3A2 as 17/3A and issue computer chitta in the name of Manikka Thevar, as per the order passed by the third respondent in his proceeding in Ne.Mu.No. A4/ 3817/2016, dated 11.07.2019.

2. Heard the arguments of Mr.R.Paranjothi, learned counsel for the petitioner and Mr.D.S.Nedunchezian, learned Government Advocate appearing for the respondents.

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3. According to the petitioner, the subject property in S.F.No.17/3A originally stood in the name of petitioner's father Manikka Thevar in UDR patta No.161. During Natham Nilavari Thittam, the said survey number was divided into two as S.F.Nos.17/3A1 and 17/3A2. After subdivision, Valaramanickam Panchayat, attempted to lay road in New subdivision No.17/3A2. Hence, the petitioner's father filed a civil suit in O.S.No.122 of 1996 on the file of District Munsif Court, Thirumayam against the Commissioner of Arimalam Panchayat Union and another seeking permanent injunction. The said suit was decreed. The appeal filed by the unsuccessful party in A.S.No.50 of 2000, on the file of Principal District Court, Pudukkottai was also dismissed in favour of the petitioner's father. Thereafter, the third respondent in his order dated 11.07.

2019, directed clubbing of both the subdivisions and restoration of old S.F.No.17/3A in the name of Manikka Thevar. Even after the order passed by the third respondent, the digital village revenue records have not been mutated as per the order. Hence, the petitioner submitted a representation before the respondents on 24.10.2024, seeking implementation of the order of the third respondent and restoration of the original patta number for the said property in the name of Manikka Thevar.

representatives executed a release deed in favour of the petitioner on 28.03.2024. Accordingly, the petitioner claims exclusive right over the subject property and patta in his name. The representation submitted by the petitioner has not been considered. Hence, the petitioner has come before this Court.

4. When the Writ Petition is taken up for hearing, the learned Government Advocate appearing for the respondents produced the computer patta No.161, wherein both the subdivision numbers were clubbed together and new survey number is assigned as 17/3A1. The learned Government Advocate submits that after subdivision, the original number cannot be restored in the digital revenue records. Therefore, after clubbing, the first subdivision number is given as the survey number in the clubbed property.

5. The third respondent in his order clearly directed both the subdivision numbers shall be clubbed and old S.F.No.17/3A shall be restored. Therefore, it is the duty of the 4th respondent to implement the order passed by the third respondent and restore the old undivided survey number 17/3A for 1 Ares in the name of Manikka Thevar. If the same is 4/7

not feasible in the software Tamil Nilam, it is for the respondents to make suitable changes in the software to enable restoration of the original survey numbers. It is stated that changes in the software can be done only with the permission of Commissioner of Land Administration. Therefore, the second respondent is directed to submit a proposal before the Commissioner of Land Administration for making necessary modification in the software Tamil Nilam, so as to restore the original S.No.17/3A, within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of proposal from the second respondent, the Commissioner of Land Administration shall consider the same and pass necessary orders for modification in the software. Once necessary modification in the software is effected, the 4th respondent shall restore the original S.F.No.17/3A in the digital revenue records and other revenue records. The entire process shall be completed within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

26.06.2025 vsm 5/7

Index: Yes/No Note: Registry is directed to mark a copy of this order to The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005. S.SOUNTHAR, J.

vsm To

1. The District Collector, District Collector's Office, Pudukkottai District.

2. The District Revenue Officer, District Revenue Office, Pudukkottai District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Pudukkottai District.

4. The Tahsildhar, Thirumayam Thasildar Office, Thirumayam Taluk, Pudukkottai District.

5.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.

W.P (MD) No.28296 of 2024 6/7

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