Palanisamy v. The Land Administrative Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.1500 of 2025 Palanisamy
...Petitioner
Vs 1.The Land Administrative Commissioner Ezhilagam, Chepauk Chennai - 600 005.
2.The District Collector Namakkal District.
Namakkal.
3.The Revenue Divisional Officer Tiruchengode Namakkal District.
4.The Tahsildar Tiruchengode Namakkal District.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 2 and 3 to carry out necessary correction in all the revenue documents including field map, survey sketch / FMB sketch in respect of S.No.200/13 and 200/14 situated at Mamundi Village, Tiruchengode Taluk, Namakkal District and subsequently restore the original condition of 6 cubits width cart track from 2 feet pathway in pursuance of petitioner's representation dated 03.07.2023 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.
For Petitioner :
Mr.M.Subash For Respondents 1 to 4:
Mr.R.P.Murugan Raja Government Advocate
ORDER
The writ petition is filed seeking a mandamus to the respondents 2 and 3 to consider his representation dated 03.07.2023. 2/7
2.1 The case of the petitioner is that he owned certain extent of agricultural lands in few survey numbers of Mamundi Village, Tiruchengode Taluk including the one in Sy.No.200/13, which is now in dispute. According to the petitioner, there was a cart track in Sy.No.200/13 through which he had free access to his lands. His adjacent land owner Sankararajan owns a land in Sy.No.200/14, which he had purchased from the petitioner's vendor. The said survey nos. 200/13 and 200/14 are in joint possession and enjoyment of the petitioner and Sankararajan. Be that as it may, Sankararajan had applied for change of field map from 6 cubits width cart track to 2 feet pathway in respect of Sy.Nos.200/13 and 200/14. 2.2 The fourth respondent without any notice to the petitioner herein, who was in joint possession and enjoyment of the lands, had unilaterally ordered for changing the field map in the said survey numbers. This the petitioner came to know only in the month of July 2023 when he verified the field map relating to Sy.Nos.200/13 and 3/7
200/14. Immediately, on 03.07.2023, the petitioner made a representation to the second respondent to take necessary action, who in turn had forwarded the petitioner's request to the third respondent. But no action was taken. Taking advantage of the change in the field map, Sankararajan had fenced the property, thereby causing obstruction to the petitioner to have access to his lands and to carry out his agricultural activities.
2.3 Aggrieved by the biased action of the fourth respondent, the petitioner yet again made a representation on 26.02.2024 to respondents 1 to 3 to set aside the order of the fourth respondent and make necessary correction in the field map of Sy.Nos.200/13 and 200/14. Since no action was taken by the respondents till date, the petitioner is before this Court in the present writ petition.
3. Heard the learned counsel on either sides and perused the materials.
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4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents 2 and 3 to hold an enquiry after issuing notice to the said Sankararajan who is said to have trespassed into the petitioner's lands, give them a personal hearing and pass orders on the representation of the petitioner dated 03.07.2023, and pass a speaking order. The aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is allowed. No costs.
23.01.2025 Index: Yes/No Speaking order/non-speaking order ds 5/7
To:
1.The Land Administrative Commissioner Ezhilagam, Chepauk Chennai - 600 005.
2.The District Collector Namakkal District.
Namakkal.
3.The Revenue Divisional Officer Tiruchengode Namakkal District.
4.The Tahsildar Tiruchengode Namakkal District.
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P.T.ASHA, J., ds 23.01.2025 7/7