Thangaraj.O vs. The District Collector
Facts
The petitioner, O. Thangaraj, filed a writ petition seeking a mandamus to direct the District Collector to issue Chitta, Adangal, and a statement for agricultural loan application forms concerning his lands in Survey Nos. 307/2, 308/2, 310/1, and 311/3A in Pulimankompai Village, Theni District. The petitioner had submitted a representation on December 22, 2020. The respondents, including the District Collector, District Revenue Officer, Thashildar, and Village Administrative Officer, were arrayed. The Thashildar provided a report indicating that details for Survey Nos. 307/2, 308/2, and 311/3A had been furnished. For Survey No. 310/1, measuring 1.50 acres, 50 cents were gifted to the Governor of Tamil Nadu via a gift deed dated August 19, 1987. Therefore, the petitioner was entitled to only one acre in Survey No. 310/1, and Adangal could not be issued for the entire 1.50 acres. The report also stated that Adangal was being furnished for other properties whenever requested.
Held
The Court noted the report from the Thashildar, which clarified the situation regarding the petitioner's land holdings. The report indicated that Chitta, Adangal, and statements had been provided for Survey Nos. 307/2, 308/2, and 311/3A. Regarding Survey No. 310/1, measuring 1.50 acres, it was established that 50 cents had been gifted to the Governor of Tamil Nadu through a gift deed in 1987. Consequently, the petitioner was entitled to only one acre in Survey No. 310/1. The Court accepted this position and directed the third respondent (Thashildar) to formally convey this report and decision to the petitioner through an order within four weeks. The Court also stated that if the petitioner was aggrieved by this decision, he was at liberty to pursue his remedies in accordance with the law. The writ petition was disposed of with these directions.
Key Issues
1. Whether the petitioner is entitled to receive Chitta, Adangal, and a statement for agricultural loan application forms for his entire land holdings, specifically for Survey No. 310/1, which includes a portion gifted to the State. This issue turns on the interpretation of land records and ownership rights under relevant revenue laws. Contentions: Petitioner: Argued for the issuance of the requested documents for all his agricultural lands, implying a right to have his land records updated and certified as per his claim. Respondents (Revenue Department): Contended that the petitioner is only entitled to documents reflecting his current ownership. For Survey No. 310/1, they argued that since 50 cents were gifted in 1987, the petitioner is only entitled to the remaining one acre, and thus, Adangal cannot be issued for the full 1.50 acres. They stated that Adangal is being issued for other properties and that the petitioner has been informed of the situation regarding Survey No. 310/1.
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023 CORAM: THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH O.Thangaraj
... Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The District Revenue Officer, Theni District, Theni. 3.The Thashildar, Office of the Thashildar, Andipatti Taluk, Theni District, Theni. 4.The Village Administrative Officer, Pulimankompai Village, Nadukkottai VAO Office, Tharamathupatti Post, Aundipatti Taluk, Theni District, Theni. 5.Veeraiya ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the first respondent to take 1/6 https://www.mhc.tn.gov.in/judis appropriate steps to issue Chitta Adangal and Statement in Agricultural loan application form in respect of the agricultural lands of the petitioner bearing Survey Nos.307/2, 308/2, 310/1 and 311/3A at Pulimankompai Village, Tharmathupatti Post, Theni District by considering the petitioner's representation dated 22.12.2020 within the period that may be stipulated by this Cou
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