Single bench of Madras High Court dismissed a Writ petition filed to remove a classification of land as 'AD condition land'. The Court relied on its 'current injunction' to state that the validity of title and such disputes must be adjudicated by the Civil Court before intervening.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.3163 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
W.P.No.3163 of 2024 and W.M.P.No.3430 of 2024
1.Mathaiyan
2.Lakshmiammal
3.Parvathi
... Petitioners
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 herein to consider the representation of the petitioners dated 18.10.2023 requesting them to delete the wrong entry made in the revenue records with respect to the land measuring 1.09.0 hectares (2.69 acres) comprised in S.No. 705/3, Kothigutlapalli Village, Krishnagiri Taluk and District,
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as AD condition land.
For Petitioners : Mr.P.Mani
For Respondents : Mr.T.Aruk Kumar
Additional Government Pleader
O R D E R
This Writ Petition has been filed for issuance of Writ of
Mandamus, to direct the respondents 1 and 2 herein to consider the representation of the petitioners dated 18.10.2023 requesting them to delete the wrong entry made in the revenue records with respect to the land measuring 1.09.0 hectares (2.69 acres) comprised in S.No. 705/3, Kothigutlapalli Village, Krishnagiri Taluk and District, as AD condition land.
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Ramasamy and the husband of the 3rd petitioner viz., Krishnan, as per the sale deed dated 14.02.1986 and the rectification deed dated 06.08.1998. After the death of the said Ramasamy and Krishnan, the petitioners have been in possession and enjoyment of the subject land measuring 1.09.0 hectares (2.69 acres) comprised in S.No.705/3, as their legal heirs.
recorded in the name of Avinjiyappan, the husband of Muniyammal, the vendor. Subsequent to the death of the said Ramasamy and Krishnan, the names of their respective wives viz., Lakshmi and Parvathi were recorded in the revenue records such as patta, chitta and adangal. Subsequently, when the petitioners requested the Village Administrative Officer, to issue chitta and adangal for availing crop loan, he refused to issue the same as if the said land is recorded as AD condition land. Hence the present Writ Petition.
land was not classified as AD condition land. It is a private land belongs
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to the ancestors of the petitioners. However, in the revenue records, with respect to the subject land, wrong entry as AD condition land has been made. Thus, the wrong entry has to be rectified and the AD condition land has to be removed from the revenue records.
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well as the learned Additional Government Pleader appearing for the respondents and also perused the material records of the case.
also other revenue records, the subject land has been classified as AD condition land. Therefore, if at all the petitioners have got any grievance with regard to the title and interest over the property, they have to work out their remedy before the Civil Court.
13.03.2024
Jer
Index:Yes/No Speaking order/Non-speaking order Neutral citation : Yes/No
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P.VELMURUGAN, J., Jer
To
W.P.No.3163 of 2024
13.03.2024
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1 issue framed by the court
Whether the Writ Court should direct the revenue authorities to rectify the entry of the land as AD condition land instead of private land?
1.Mathaiyan and others
THE DISTRICT COLLECTOR KRISHNAGIRI
THE REVENUE DIVISIONAL OFFICER KRISHNAGIRI
THE TAHSILDAR KRISHNAGIRI TALUK
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
