S.Arockiyasamy v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025
CORAM
THE HON'BLE MRS. JUSTICE N.MALA 1.S.Arockiyasamy 2.A.Robert ... Petitioners Vs.
1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai District.
2.The Directorate of Survey and Settlement Department, Survey House, Chepauk, Chennai District.
3.The District Collector, Sivagangai District.
4.The Revenue Division Officer, Sivagangai District.
5.The Tahsildar, Karaikudi Taluk, Sivagangai District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Mandamus directing the respondents to remove Page No. 1 of 6
the wrong classification of the lands in Survey Nos.917/1, 917/11, 917/12, 917/13, 917/14, and 913/7, Aranmanai Siruvayal Village, Karaikudi Taluk, Sivagangai District, as "Government Anadheenam" and to remove the block created online for the said Survey Numbers, by considering the petitioners' representation for the removal of the block on the online records for the Survey Nos.917/1, 917/11, 917/12, 917/13, 917/14, and 913/7, Aranmanai Siruvayal Village, Karaikudi Taluk, Sivagangai District, made on 22.11.2024.
For Petitioners : Mr.V.R.Shanmuganathan For Respondents : Mr.M.Muthumanikkam Government Advocate (Civil Side)
O R D E R
This Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents to remove the wrong classification of the lands in Survey Nos.917/1, 917/11, 917/12, 917/13, 917/14, and 913/7, situated at Aranmanai Siruvayal Village, Karaikudi Taluk, Sivagangai District, as 'Government Anadheenam' and to remove the block created online for the said Survey Numbers, by considering the petitioners' representation dated 22.11.2024.
2. With the consent of both parties, this Writ Petition is taken up for final hearing at the admission stage itself.
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3. The first petitioner purchased the lands in Survey Nos.917/1, 917/11, 917/12, 917/13, and 917/14, measuring a total extent of 2.94 hectares under registered Sale Deeds from various sellers, and the second petitioner purchased the land in Survey No.913/7, measuring an extent of 0.72 hectares from one Ubakara Mary under a registered Sale Deed dated 09.10.2018. Since the date of purchase, the petitioners have been in peaceful possession and enjoyment of the respective lands. The revenue records stood in the respective names of the petitioners, and the patta for the above lands was issued in their respective names. However, while verifying the online records, the petitioners were shocked to note that their lands were marked as 'Government Anadheenam' in the Tamil Nilam 'A' Register, and access to those records was blocked by the fourth respondent.
4. As the said classification was done without any notice to the petitioners and without any enquiry, the petitioners submitted representations to the respondents on 21.10.2024 and 22.11.2024 for the removal of the said classification and restoration of the patta in their names. As no action was taken, the petitioners filed this Writ Petition seeking the above relief.
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5. It is seen that as early as 21.10.2024, the petitioners sent a representation to the respondents to remove the wrong classification and restore the patta in their names. In this regard, the petitioners sent a reminder on 22.11.2024. As the respondents have not initiated any action on the petitioners' representations, the petitioners have filed this Writ Petition. In view of the fact that the above classification of the lands as 'Government Anadheenam' was made without notice to the petitioners and without any enquiry, I am inclined to direct the first respondent to consider and pass appropriate orders on the petitioners' representations dated 21.10.2024 and 22.11.2024, within a period of 12 (twelve) weeks from the date of receipt of a copy of this order. It is needless to state that the first respondent shall give an opportunity for hearing to the petitioners before passing any final order.
6. Accordingly, the Writ Petition stands disposed of. No costs. 10.01.2025 (2/2) Index: Yes/ No Speaking Order / Non-Speaking Order JEN Page No. 4 of 6
Copy To:
1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai District.
2.The Directorate of Survey and Settlement Department, Survey House, Chepauk, Chennai District.
3.The District Collector, Sivagangai District.
4.The Revenue Division Officer, Sivagangai District.
5.The Tahsildar, Karaikudi Taluk, Sivagangai District.
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N.MALA , J.
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