Revenue authorities cannot unilaterally reclassify land as government-owned 'Parai' (Rock) in UDR records if the original Survey and Settlement Register evidence confirms it as private agricultural land.

ORDER

The present Writ Petition has been filed to quash the impugned order in Muu.Mu.No.1284/2023/A3 dated 13.04.2023 on the file of the second respondent and consequently direct the respondents to cancel the erroneous entry made in the village revenue records in respect of the lands comprised in Survey Nos.109/2A1 and 110/8B1, and Old Survey Nos.257/3 and 583-A (UDR Survey No.108/3), situated at Keelaurapanur Village, Thirumangalam Taluk, Madurai District, within a time frame stipulated by this Court.

2. The brief facts of the case, as stated in the affidavit, are that Survey Nos.109/2A1 and 110/8B1, and Old Survey No.257/3 (583-A), which was renumbered as Survey No.108/3 during the UDR proceedings, originally belonged to the petitioner's great-grandfather, namely Karuppanan. After his demise, the property was enjoyed by the petitioner's grandfather, Aantan Virumandi Devar, son of Thalayari Virumandi Devar. Subsequently, the petitioner's grandfather died on 18.06.1958. Thereafter, the petitioner's father, namely Karuppaiya, succeeded to and enjoyed the said property until his death on

20.03.2020.

3. The petitioner is the sole legal heir of his father and has been in possession and enjoyment of the property. The petitioner has been carrying on agricultural activities in the said lands. After inheriting the property, the petitioner applied for issuance of patta. However, the same was deleted. Therefore, the petitioner approached the first respondent under the RTI Act and obtained relevant particulars on 19.06.2020. It was revealed that, as per the 'A' Register, Survey No.583-A (UDR Survey No.108/3) was classified as "Parai" (Rock) in the revenue records.

4. The contention of the petitioner is that the classification of the land as "Parai" is illegal, as the land is a patta land. On 21.09.2022, the petitioner submitted a representation seeking correction of the erroneous entry. Since no action was taken, the petitioner approached this Court by filing W.P.(MD) No. 28448 of 2022 seeking cancellation of the incorrect entry made in the village revenue records. By order dated 10.01.2023, this Court directed the respondents to consider the petitioner's representation and pass appropriate orders. However, the same was not considered. Consequently, the petitioner filed a contempt petition, after which the impugned order came to be passed. Aggrieved by the same, the present Writ Petition has been filed.

5. The learned counsel appearing for the petitioner submitted that, in the Survey and Settlement Register, Old Survey No.583-A is classified as "Red Sand" and stands recorded in the name of the petitioner's great-grandfather, Karuppanan. There is no reference whatsoever to the land being classified as "Parai" (Rock). According to the learned counsel, the original classification was only "Red Sand".

6. In such circumstances, the revenue records, particularly the UDR records, incorrectly describe the land as "Parai". A land classified as "Red Sand" cannot be treated as "Parai" or "Rock". The petitioner has been carrying on agricultural activities in the said land, which further demonstrates that the classification as "Parai" is erroneous. Therefore, the impugned order, which proceeds on the basis that the land is "Parai", is factually incorrect. The mistake occurred during the UDR proceedings. Hence, the impugned order is liable to be set aside.

7. Accordingly, the impugned order in Muu.Mu.No.1284/2023/A3 dated 13.04.2023 is hereby quashed. The respondents are directed to maintain the revenue records in accordance with the classification found in the Survey and Settlement Register, namely "Red Sand", and to issue patta in favour of the petitioner.

8. With the above direction, the writ petition stands disposed of. No costs.