Writ petition seeking direction to consider representation for restoring private land classification and issuing patta over 1 Acre 13 Cents in Mandapam Village. Court directed Tahsildar to report within six weeks and District Collector to pass final orders on merits within eight weeks. Petition disposed with no costs.
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W.P.(MD) No.25252 of 2022
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 10.06.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P.(MD) No.25252 of 2022
M.Arumugam
... Petitioner
Vs
... Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 29.07.2021 and to take action on the same to restore the original classification of lands measuring an extent of 1 Acre 13 Cents in S.No.60/1 of Mandapam Village, Ramanathapuram Taluk, Ramanathapuram District from as Private Land (Patta Land).
For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader
O R D E R
The petitioner herein seeks a direction to the 1st respondent to consider the petitioner's representation dated 29.07.2021 and to take action to restore the original classification of lands measuring an extent of 1 Acre 13 Cents in S.No.60/1 of Mandapam Village, Ramanathapuram Taluk, Ramanathapuram District.
2. Heard the arguments of learned counsel for the petitioner and
the learned Additional Government Pleader appearing for the
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respondents.
3. According to the petitioner, the total extent of 5 Acres 82 Cents in S.No.60/1, was originally granted Ryotwari patta in favour of one Gopalan Iyer on 12.10.1954. The Said Gopalan Iyer executed a Will bequeathing 1 Acre 13 cents on the specific boundaries in favour of one Thottichiammal. The petitioner is claiming right under the said Thottichiammal and submitted a representation on 29.07.2021 seeking patta in his name. It is further submitted that in the revenue records, the subject property has been wrongly classified as Government Poromboke lands (Fisherman Colony) and therefore, the petitioner also sought for reclassification of the same as private land and issuance of patta in his name. The said representation has not been considered. Hence, the petitioner has come before this Court.
4. The learned Additional Government Pleader who appeared for the respondents would submit that in the revenue records, the subject property has been classified as Government Poromboke lands (Fisherman Colony) and not as patta lands. He has also submitted that a civil suit is pending between the petitioner and his sister in O.S.No.77 of 2021, on
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the file of the Sub Court, Ramanathapuram.
5. It is seen from the typed set of papers, originally patta for the entire extent in the above said survey number was granted in favour of one Gopalan Iyer on 12.10.1954 by Board of Revenue. The petitioner is claiming right under the said Gopalan Iyer. It is also seen from the typed set of papers, the first respondent also forwarded the representation of the petitioner to the third respondent and the third respondent in turn forwarded the same to the 5th respondent for necessary action. Therefore, without expressing any opinion on the merits of the matter, this Court directs the fifth respondent to submit his report before the third respondent, within a period of six (6) weeks from the date of receipt of a copy of this order. On receipt of a report from the fifth respondent, the third respondent shall consider the representation of the petitioner dated 29.07.2021 and pass final orders on its own merits, within a further period of eight (8) weeks.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
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vsm Index: Yes/No Internet: Yes/No Neutral Citation: Yes/No
10.06.2025
To
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S.SOUNTHAR, J.
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1 issue framed by the court
Whether the authorities should consider the petitioner's representation for reclassification of the land from Government Poromboke to private patta land.
1 provisions across 1 enactments
M.Arumugam
The Secretary to Government, Revenue Department, Government of Tamil Nadu, Chennai
The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai
The District Collector, Ramanathapuram
The Revenue Divisional Officer, Ramanathapuram
The Tahsildar, Ramanathapuram
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
