B.Sengoda Nagarajan v. The settlement officer / District Revenue Officer,
WP/14009/2023 · 2026-03-11
Krishnan Ramasamy
Transfer Petitionbody2023
DailyLaw.ai
[ 2023 DAILYLAW 3435 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 3435 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No. 14009 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No. 14009 of 2023 B.Sengoda Nagarajan, S/o.Balaganesan, Door No.176/226-A, Cauvery Road, Erode-638 003, Erode District. Petitioner(s) Vs 1.The settlement Officer / District Revenue Officer, Ezhilagam, Chepauk, Chennai-05. 2.The District Collector, Erode, Erode District. 3.The Special Tahsildar/ The Tahsildar (settlement), Town Survey Scheme, Erode Unit-II, Erode-638 001. 4.The District Revenue Officer Erode District, Erode-638 011. 5.The Tahsildar Erode Taluk, Erode District. 6.The Commissioner, Land Administration, Department Of Revenue, Chepauk, Chennai 600 005. (R6-impleaded As Per Order Dated 08.07.2024 In Wmp.20046/2024 In WP.14009/2024 By NSKJ) Respondent(s) https://www.mhc.tn.gov.in/judis
WP No. 14009 of 2023 PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 03.02.2023 in Na.Ka I1/ 1188/ 2015 passed by 1st respondent and quash the same and further direct the respondents 2 to 5 herein to grant a patta to the petitioner in respect of the property situated at Door No.12 in T.S No.79, Block No.12, Ward D, measuring an extent of 3 Are 42.9 sq.mts (8.44 cents) in Erode Town, Erode Taluk, Erode District. For Petitioner(s): Mr.P.K.Sabapathi For Respondent(s): Mr. T.K.Saravanan, Addl. Govt. Pleader
ORDER This writ petition has been filed challenging the order dated 03.02.2023 passed by the 1st respondent, whereby the 1st respondent has rejected the proposal for reclassification of the subject property. 2.Learned counsel for the petitioner would submit that the property morefully described in the prayer to this writ petition belongs to the petitioner and the patta also granted in his favour by the 3rd respondent vide order dated
09.04.2013. However, the 1st respondent vide order dated 26.11.2015 set aside the order of the 3rd respondent granting patta in favour of the petitioner in respect of the subject property since the subject property has been classified as Government Poramboke land. The petitioner challenged the said order of the 1st respondent before this Court in W.P.No.6238 of 2017. This Court vide order https://www.mhc.tn.gov.in/judis
WP No. 14009 of 2023 dated 24.04.2019 set aside the order of the 1st respondent dated 26.11.2015 and granted liberty to the petitioner to initiate proceeding for modification of the classification of the subject property. Therefore, the petitioner made a representation to the authorities concerned to take steps pursuant to the order of this Court dated 24.04.2019. 3.He would further submit that though the 3rd respondent sent a report dated 17.10.2019 to the 1st respondent stating that the subject property has been mistakenly entered as Government Poramboke land and the subject property belongs to the petitioner, the 1st respondent in the impugned order dated 03.02.2023 has stated that the 1st respondent has not vested with the power to reclassify the subject land. Hence, the present writ petition has been filed. 4.Learned Additional Government Pleader appearing for the respondents would submit that only the 2nd respondent will have the power to change the classification of the subject property and therefore, the petitioner may be
directed to give a representation before the 2nd respondent. In which case, the 2nd respondent will consider and pass orders. 5.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials available on records. https://www.mhc.tn.gov.in/judis
WP No. 14009 of 2023 6.Considering the submissions made by either parties, it is evident that subsequent to the order of this Court dated 24.04.2019 in W.P.No.6238 of 2017, the 1st respondent considered the report of the 3rd respondent and passed an
order dated 03.02.2023 stating that the 1st respondent has not vested with the power to change the classification of the subject property from Government Poramboke land to Ryotwari land as per G.O103, Revenue Department dated
01.03.2007. It is also evident that only the 2nd respondent will have the power to change the classification of the subject property. Such being the case, the petitioner is supposed to make a representation to the 2nd respondent in this regard. Accordingly, this Court pass the following orders:- (i) The petitioner is directed to make a representation to the 2nd respondent to change the classification of the subject land from Government Poramboke to Ryotwari land along with all the necessary documents, within a period of two (2) weeks from the date of receipt of a copy of this order. (ii) On receipt of the said representation made by the petitioner, the 2nd respondent is directed to consider the same taking into consideration of the
order passed by this Court dated 24.04.2019 in W.P.No.6238 of 2017 and pass
order within a period of twelve weeks thereafter. https://www.mhc.tn.gov.in/judis
WP No. 14009 of 2023 7.With the aforesaid direction, this writ petition is disposed of. No costs. 11-03-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The settlement officer / District Revenue Officer, Ezhilagam, Chepauk, Chennai-05. 2.The District Collector, Erode, Erode District. 3.The Special Tahsildar/ The Tahsildar (settlement), Town Survey Scheme, Erode Unit-II, Erode-638 001. 4.The District Revenue Officer Erode District, Erode-638 011. 5.The Tahsildar Erode Taluk, Erode District. 6.The Commissioner, Land Administration, Department Of Revenue, Chepauk, Chennai 600 005. https://www.mhc.tn.gov.in/judis
WP No. 14009 of 2023 KRISHNAN RAMASAMY J. rst WP No. 14009 of 2023
11-03-2026 https://www.mhc.tn.gov.in/judis