B.Nandagopal v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2025
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.29760 of 2025 and W.M.P(MD)No.23020 of 2025 B.Nandagopal
...Petitioner
Vs
1. The Commissioner, Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2. The District Revenue Officer, Tirunelveli District.
3. The Revenue Divisional Officer, Radhapuram Taluk, Tirunelveli District.
4. The Tahsildar, Radhapuram Taluk, Tirunelveli District.
5. The Executive Officer, Arulmigu Ramalinga Swamy Temple, Panagudi Village, Tirunelveli District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in proceedings bearing No.Na.Ka.Kaa.2/6054/2022 dated 29.01.2024 quash the same in so far as it recommends the 1st respondent for 1/6
issuance of Patta under the erroneous classification of the property as Sarkar Poramboke/Arulmigu Ramalinga Swamy Thirukovil and consequently direct the second respondent to issue patta in favour of the petitioner forthwith in respect of the property comprised in New Survey No.2006/39 corresponding to Old Survey No.1406/2 measuring an extent of 31.37 cents out of 0.14.63 hectares (36.13 cents) situated at West Mada Street, Panagudi Village, Radhapuram Taluk, Tirunelveli District, based on the petitioner's representation dated 29.10.2018 and the enquiry reports of the third and fourth respondents. For Petitioner : Mr.M.Ponniah For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R4 Mr.S.Manokar Standing Counsel for R5
ORDER
A communication dated 29.01.2024 from the District Revenue Officer to the Commissioner of Land Administration is challenged in this writ petition.
2. Learned counsel for the petitioner submits that the petitioner is entitled to the land in natham S.No.2006/39, old S.No.1406/2, by virtue of multiple sale deeds. He invited my attention to gift deed dated 15.12.1961 and sale deeds dated 22.01.1973, 08.07.1976 and 27.09.1978. He also pointed out that both the Tahsildar and the Revenue Divisional Officer concurred with the petitioner that an error had been committed while preparing the natham settlement records. In deviation from the conclusions of the Tahsildar and Revenue Divisional Officer, 2/6
learned counsel contends that the District Revenue Officer has erroneously concluded that an error was not committed while preparing the natham settlement records.
3. Learned Additional Government Pleader accepts notice for the respondents 1 to 4 and learned standing counsel accepts notice for the 5th respondent.
4. On perusal of the impugned communication, it is evident that it is in the nature of a recommendation to the Commissioner of Land Administration. Learned Additional Government Pleader submits that only the Commissioner of Land Administration is empowered to decide whether an error was committed in the natham settlement records and to rectify the error, if any.
5. Given the fact that the challenge is to a recommendation, it is not appropriate to interfere. However, it is open to the petitioner to raise the objections raised in these proceedings before the Commissioner of Land Administration. Before a decision is taken by the first respondent, it is needless to say that a reasonable opportunity should be provided by the Commissioner of Land Administration to the petitioner and the 5th respondent. A speaking order 3/6
shall be issued by the first respondent within four months from the date of receipt of a copy of this order. The writ petition is disposed of on these terms. No costs. Consequently, connected writ miscellaneous petition is also closed. 24.10.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 4/6
To
1. The Commissioner, Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2. The District Revenue Officer, Tirunelveli District.
3. The Revenue Divisional Officer, Radhapuram Taluk, Tirunelveli District.
4. The Tahsildar, Radhapuram Taluk, Tirunelveli District.
5. The Executive Officer, Arulmigu Ramalinga Swamy Temple, Panagudi Village, Tirunelveli District.
5/6
SENTHILKUMAR RAMAMOORTHY , J.
RJR W.P.(MD)No.29760 of 2025 24.10.2025 6/6