Ramamoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Ramamoorthy ... Petitioner /Vs./ 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Kovilpatti Taluk, Thoothukudi District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the classification Anathinam and restore the patta No.801 in the name of the petitioner for his land in Survey No.178/5A, measuring to an extent of 1/4

0.16.0 Hectare Appaneri Village, Kovilpatti Taluk, Thoothukudi District, by considering the petitioner's representation dated 03.12.2024, within time frame fixed by this Court.

For Petitioner : Mr.V.Sukumar For Respondents : Mr.S.Jeyapriya Government Advocate

ORDER

The petitioner seeks issuance of Writ of Mandamus, to direct the respondents to reclassify the lands from 'Anathinam' and in turn to restore the patta No.801 in the name of the petitioner in Survey No. 178/5A, measuring to an extent of 0.16.0 Hectare Appaneri Village, Kovilpatti Taluk, Thoothukudi District.

2. The grievance of the petitioner is that without any prior notice or enquiry, the patta standing in the name of the petitioner has been cancelled and the lands have been classified as 'Anathinam'. The petitioner has immediately given a representation on 03.12.2024 to the respondents, seeking for the error to be rectified. 2/4

3. The learned counsel for the petitioner has also enclosed the 'A' register and the sale deeds under which the petitioner claims title. Further, he submits that the representation made by the petitioner on 03.12.2024, may be directed to be disposed of by the second respondent / District Revenue Officer, on its own merits and in accordance with law.

4. In view of the above, the writ petition is allowed and the second respondent is directed to consider and pass orders on the petitioner's representation dated 03.12.2024, after affording an opportunity by way of personal hearing to the petitioner, to produce all relevant records and thereafter, the second respondent shall pass final orders with regard to entitlement of the petitioner's for reclassification and restoration of patta, on merits, in accordance with law, within a period of eight (8) weeks from date of receipt of copy of this order. There shall be no order as to costs.

Index : Yes / No 19.02.2025 NCC : Yes / No LS 3/4

P.B. BALAJI , J.

LS TO:- 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Kovilpatti Taluk, Thoothukudi District.

Order made in Dated:

19.02.2025 4/4