Madras High Court
C.Rajamani vs The Revenue Divisional Officer on 5 November, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
W.P(MD)No.26230 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.26230 of 2024
and
W.M.P.(MD)No.22233 of 2024
C.Rajamani ... Petitioner
Vs.
1.The Revenue Divisional Officer,
Office of the Revenu Divisional Officer,
Dindigul District - 624003.
2.The Tahsildar,
Nilakottai Taluk,
Dindigul District.
3.The Revenue Inspector,
Pillaiyarnatham,
Nilakottai Taluk,
Dindigul District.
4.The Block Development Officer
Nilakottai Panchayat Union Office,
Nilakottai, Dindigul District.
5.V.Alagu ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.26230 of 2024
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pertaining to the impugned order passed by the
2nd respondent in his proceedings in Na.Ka.4825/2023/A5 dated
16.10.2024 and quash the same as illegal and consequently directing the
1st respondent to make enquiry for the removal of the mark existing as
Nilaviyal Odai in the revenue records in survey Number 29, 30, 31, 32
and 33 of Bodiyagoundapatti Village.
For Petitioner : Mr.S.Vikram
For Respondents : Mr.K.Balasubramani,
Spl. Government Pleader for R1 to R4.
ORDER
Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 to 4.
2.The petitioner questions the impugned communication dated 16.10.2024 issued by the Tahsildar, Nilakottai to the jurisdictional Block Development Officer. We went through the contents of the said communication. All that the Tahsildar wants to do is to restore the nilaviyal odai that is running across the petition mentioned survey numbers.
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3.We also had a look at the FMB. The detail marks are very much available. We are satisfied that there was a nilaviyal odai originally. If it has been obliterated, it has to be restored. The impugned communication intends to achieve the said objective. No exception can be taken to that.
4.At the same time, before effecting such a restoration, proper survey will have to be conducted. Survey notice will have to be issued to all the persons concerned. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
5.The writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
(G.R.S.J.,) & (B.P.J.,)
05.11.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
3/6
https://www.mhc.tn.gov.in/judis W.P(MD)No.26230 of 2024 To:-
1.The Revenue Divisional Officer, Office of the Revenu Divisional Officer, Dindigul District - 624003.
2.The Tahsildar, Nilakottai Taluk, Dindigul District.
3.The Revenue Inspector, Pillaiyarnatham, Nilakottai Taluk, Dindigul District.
4.The Block Development Officer Nilakottai Panchayat Union Office, Nilakottai, Dindigul District.4/6
https://www.mhc.tn.gov.in/judis W.P(MD)No.26230 of 2024 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.26230 of 2024 G.R.SWAMINATHAN, J.
and B.PUGALENDHI, J.
ias W.P(MD)No.26230 of 2024 05.11.2024 6/6 https://www.mhc.tn.gov.in/judis