The importance of proving possession and possessing necessary documents to support a claim, and the impact of delay in seeking relief on the court's decision.

S. Manikumar, J.

1. Challenge in this appeal is to the order made in W.P(MD) No. 9223 of 2010 dated 14.10.2011, by which, the prayer for issuance of a Mandamus, directing the respondents 1 to 3 therein, to issue fair copy of the land records, after correcting the mistakes in the Survey Land Register, has been negatived.

2. Case of the writ petitioner, R.Lakshmi, represented by her son and Power Agent, R.Prakasam before the Writ Court is that her husband was a World War II Veteran and by proceedings of the District Collector dated 10.11.1946, land in Survey No. 80, Andarkottaram Village, Madurai North Taluk, Madurai District, measuring an extent of 6.54 acres was allotted in his favour. After the Updating Registry Scheme, respondents in the writ petition have tampered with the records and reclassified the lands, behind the back of the writ petitioner, as Odai poromboke. Therefore, after seeking information under the Right to Information Act, 2005, by making a representation, writ petition has been filed, for the abovesaid relief. In addition to the above, the petitioner has challenged the classification of Ryotwari patta into Tamil Nadu land Act Patta, and issue a land settlement fair copy for agricultural use by the writ petitioner.

3. Before the Writ Court, the respondents therein have filed a counter affidavit stating that earlier, the writ petitioner filed W.P. No. 7812 of 2008, praying for a Writ of Mandamus, directing the respondents therein, to survey the land and fix the boundaries in Survey No. 20/1A Andarkottaram Village, Madurai North Taluk, Madurai District. On 02.12.2008, this Court passed the following order:-

"The counsel for the petitioner would submit the request of the petitioner is to get his land sub divided in the revenue records but it was not done after being measured. Hence, in this factual matrix, the following direction is issued "The Tahsildar, on receipt of a copy of this order, shall consider the representation dated 22.07.2008, submitted by the petitioner on merits within a period of one month from the date of receipt of a copy of this order, after giving due opportunity of being heard to the petitioner. With the above direction the writ petition is disposed of."

4. Tahsildar, Madurai North Taluk, Madurai District, in his counter affidavit, has further submitted that Survey No. 80/1A measuring 2.24.5 Hectares of Andarkottaram Village, Madurai North Taluk, Madurai District, has been classified as Odai Poramboke in the revenue records. He has given the details of encroachments made in the above survey field, which are as follows:-

5. Tahsildar, Madurai North Taluk, has further submitted that Survey No. 80/1A measuring an extent of 2.24.5 hectares of Andarkottaram Village, Madurai North Taluk, Madurai District, has been classified as Odai Poromboke as per UDR "A"? register. Encroachments in the odai poromboke was prima facie objectionable. Therefore, there is no possibility of assigning the abovesaid Odai Poromboke to the petitioner. It has to be converted as Assessed Waste Dry and then, assignment proposals have to be initiated. The Tahsildar, Madurai North Taluk, Madurai District, has further submitted that the petitioner has not produced any assignment, issued by the revenue authorities, to prove the claim over the land. Property is not in occupation and enjoyment of the petitioner. There is no provision to convert odai poromboke and assign the same to the writ petitioner. With the above contentions, the respondents have prayed for dismissal of the writ petition.

6. Adverting to the abovesaid averments and after hearing the submissions of Mr. R. Prakasam, Power Agent of the writ petitioner, Writ Court, vide order dated 14.10.2011