Madras High Court
Thiraviyam vs The District Collector on 20 March, 2025
W.P.(MD)No.4868 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI
W.P.(MD)No.4868 of 2023
Thiraviyam ... Petitioner
Vs.
1. The District Collector,
Kanyakumari District
at Nagercoil.
2. The District Revenue Officer,
Agasteeswaram Taluk, at Nagercoil,
Kanyakumari District.
3. The Revenue Divisional Officer,
Agasteeswaram Taluk, at Nagercoil,
Kanyakumari District.
4. The Tahsildar,
Agastheeswaram Taluk,
Kanyakumari District. ... Respondent(s)
PRAYER: Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 4 to mutate
the revenue records pertaining to the lands bearing Survey No.2229,
Kanyakumari Village, at present 0.85.5 Ares comprised in R.S.No.35/8,
1/6
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W.P.(MD)No.4868 of 2023
and 2.10.5 Hectares comprised in R.S.No.35/9, Leepuram Village,
Agastheeswaram Taluk, Kanyakumari District totally to an extent of 7.30
Acres, and to change the character of the pond as patta land and to issue
a computerized or other joint patta in the name of the petitioner, in the
light of representation dated 30.10.2020 within a time, as may be fixed
by this Hon'ble Court by allowing the above writ petition
For Petitioner : Mr.G.Aravinthan
For Respondents : Mr.B.Saravanan
Additional Government Pleader
for R1 to R4
ORDER
I have heard Mr.G.Aravinthan, the learned counsel appearing for
the petitioner and Mr.B.Saravanan, learned Additional Government
Pleader appearing for the respondents 1 to 4.
2. The petitioner seeks issuance of a Writ of Mandamus, to direct
the respondents 1 to 4 to mutate the revenue records pertaining to survey
No.2229, Kanyakumari Village, at present 0.85.5 Ares comprised in
R.S.No.35/8, and 2.10.5 Hectares comprised in R.S.No.35/9, Leepuram
Village, Agastheeswaram Taluk, Kanyakumari District totally to an
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extent of 7.30 Acres and to change the classification of the pond as patta
land and to issue a computerized or other joint patta in the name of the
petitioner, in the light of representation of the petitioner dated
30.10.2020
3. It is the case of the petitioner that the lands belonged to his
forefathers, who had purchased the property even in Malayalam Era
1063, which corresponds to 1800 AD. The petitioner's predecessors in
interest have been in possession and thereafter the ancestors of the writ
petitioner and presently the petitioner is in possession of the subject
lands, carrying on irrigation activities.
4. The grievance of the petitioner is that the year 1969, during the
time of survey and settlement, the petitioner's lands were wrongly
classified as “Poramboke tank”. The petitioner, joining hands with other
legal heirs filed a suit in O.S.No.50 of 1986, seeking a mandatory
injunction to rectify the defects in the revenue records and also sought
for a permanent junction. The Additional District Munsif Court,
Nagercoil, after trial, dismissed the suit. Aggrieved by judgment and
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decree of the trial Court, the petitioner and his family members filed an
appeal in A.S.No.9 of 2000 before the Subordinate Court, Nagercoil. The
said appeal came to be allowed on 29.11.2000. The said judgment and
decree of the first appellate Court was challenged by the Government in
S.A.No.SR24311 of 2022 before this Court and it was dismissed even at
the stage of condonation of delay. Based on the judgment and decree, the
petitioner now seeks rectification of the error and issuance of patta in the
joint names of the persons, who are entitled to, in terms of law of
succession.
5. The learned Additional Government Pleader would submit that
even prior to the enactment of the Tamil Nadu Settlement Act 1964, the
subject lands are recorded as “Kulam Poramboke” and it is not possible
to convert watercourse poramboke land into Ryotwari land, which have
been nationalized and brought into public use from the date of the
relevant notification. Unfortunately, it is not open to the respondents to
stick on the defence that was taken in the civil Court and was rejected by
the first Appellate Court though found favour the trial Court. The Second
Appeal filed belatedly was also dismissed at the stage of condonation of
delay, thereby, confirming the decree in the first appeal.
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6. In view of the above, the petitioner is entitled to implementation
of the decree of the civil Court, which also came to be confirmed by this
Court in SA.No.SR24311 of 2002. In view of the above, the petitioner is
entitled to issue a writ of mandamus. The first respondent is the first
defendant in the suit and is bound by the decree in the first appeal.
7. Therefore, the first respondent shall take immediate steps to
correct the mistake and restore the patta in the joint names as paryed for
by the petitioner, within a period of eight weeks from the date of receipt
of a copy of this order. However, considering that the claim of the
respondents is that the subject property is a waterbody, it shall be open to
the respondents to take such further steps to protect the waterbody, by
imposing reasonable conditions, without in any manner violating the
decree of the civil Court.
8. This Writ Petition is allowed. There shall be no order as
to costs.
Index : Yes / No
NCC : Yes / No 20.03.2025
LS
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P.B. BALAJI, J.
LS
To
1. The District Collector,
Kanyakumari District
at Nagercoil.
2. The District Revenue Officer,
Agasteeswaram Taluk, at Nagercoil,
Kanyakumari District.
3. The Revenue Divisional Officer,
Agasteeswaram Taluk, at Nagercoil,
Kanyakumari District.
4. The Tahsildar,
Agastheeswaram Taluk,
Kanyakumari District.
Order made in
Dated:
20.03.2025
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