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2025 DAILYLAW 144384 (MAD)

Srinivasan v. The District Collector

WP(MD)/16942/2025 · 2025-06-24

S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No.16942 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025 CORAM: THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD) No.16942 of 2025 Srinivasan ... Petitioner Vs 1 The District Collector, District Collector's Office, Tanjore, Tanjore District. 2 The Revenue Divisional Officer, R.D.O. Office, Tanjore, Tanjore District. 3 The Tahsildar, Taluk Office, Boodhalur, Tanjore District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 2nd respondent herein to hand over the possession of lands situated at Tanjore District, Boodhalur Taluk, Sengipatti Village, punjai S.F.Nos.442/15, 452/2C, 453/8, ____________ p. 2 W.P.(MD) No.16942 of 2025 462B/27, (New S.F.No.526/24) and S.F.Nos.480/5, 482/8, 488/1, 488/2, 488/4, 496/19B, 501/11, 511/1, 511/2, admeasuring 3.02.5 hectare (Acre 7.46 cents) to legal heirs of petitioner's father Sappani Muthu, in the light of proceedings made in Na.Ka.681/2015/Aa2, dated 12.04.2023, on the file of 3rd respondent herein. For Petitioner : Mr.R.Sundar For Respondents : Mr.M.Gangatharan, Govt. Advocate. ORDER The petitioner herein seeks a direction to the second respondent to hand over possession of the lands situated in punjai S.F.Nos.442/15, 452/2C, 453/8, 462B/27, (New S.F.No.526/24) and S.F.Nos.480/5, 482/8, 488/1, 488/2, 488/4, 496/19B, 501/11, 511/1, 511/2, admeasuring 3.02.5 hectare (Acre 7.46 cents), at Sengipatti Village, Boodhalur Taluk, Tanjore District, to the legal heirs of petitioner's father Sappani Muthu, in the light of proceedings of the third respondent made in Na.Ka.681/2015/Aa2, dated 12.04.2023. 2. According to the petitioner, the above mentioned property originally belonged to his father Sappani Muthu. His father borrowed a loan ____________ p. 3 W.P.(MD) No.16942 of 2025 from the Government under Land Development Scheme and committed default. Therefore, the subject property was attached by the Government and classification of the land was changed as Anadheenam. Subsequently, the petitioner's father remitted the entire dues to the Government and a certificate to that effect was also issued by the third respondent on 15.12.1997. Therefore, the petitioner's father submitted an application before the respondents, seeking possession of the subject property. Thereafter, he died on 26.07.1996. The third respondent, in his proceedings in Na.Ka.No. 681/2015/Aa2, dated 12.04.2023, recommended to hand over the subject property in favour of Sappani Muthu's legal heirs. In spite of the same, the second respondent, who is the competent authority, has not considered the request made by the petitioner's father. Hence, the petitioner has come before this Court with the above mentioned prayer. 3. The Government Advocate, who takes notice for the respondents, on instructions, would submit that the third respondent already recommended to hand over the subject property in favour of Sappani Muthu's legal heirs and the report of the third respondent would be considered by the second respondent in accordance with law. 4. In view of the above, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the report ____________ p. 4 W.P.(MD) No.16942 of 2025 submitted by the third respondent in his proceedings in Na.Ka.No. 681/2015/Aa2, dated 12.04.2023, and pass final orders on the request made by the petitioner within a period of eight weeks from the date of receipt of copy of this order. 5. Accordingly, the Writ Petition is disposed of. No costs. 24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No dixit To: 1 The District Collector, District Collector's Office, Tanjore, Tanjore District. 2 The Revenue Divisional Officer, R.D.O. Office, Tanjore, Tanjore District. 3 The Tahsildar, Taluk Office, Boodhalur, Tanjore District. ____________ p. 5 W.P.(MD) No.16942 of 2025 S.SOUNTHAR, J. dixit W.P.(MD) No.16942 of 2025 24.06.2025 ____________