G.Rose v. The Secretary Of Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN G.Rose ... Petitioner Vs.
1.The Secretary of Government of Tamil Nadu Department of Revenue Fort St. George, Chennai - 600 009
2. The District Collector Thiruvalur, Thiruvallur District Thiruvallur
3. The Tahsildar, Madhavaram Taluk Gandhi Main Road, Balaji Nagar Puzhal, Chennai - 600 066 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner representation dated 22.11.2023 within the time frame, framed by this Court.
For Petitioner : Mr.D.Muthukumarappa For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader
ORDER
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This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 22.11.2023 within the time frame as may be fixed by this Court.
2. The contention of the petitioner is that the petitioner had applied for Sub Division and Patta Transfer through online on 22.11.2023 vide Can No.133021525864875 and Application No.2023/0105/02/299671 and Can No.133021525864875 and Application No.2023/0105/02/299674 and the same have not been considered so far. Hence, the present writ petition is filed before this Court.
3. Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader takes notice for the respondents.
4. It is to be noted that this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 09.06.2023, directed the Department to issue circular in regard to disposal of the application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land Administration 2/6
has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period of which, the matters have to be disposed of has been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.
5. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's applications, this Court without expressing any opinion with regard to the merits of the case, directs the 3rd respondent to consider the petitioner's applications dated 27.11.2023 and issue notice to the petitioner, the adjacent land owners of the four boundaries of the subject property and also to the rival claimants/interested parties/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law, within the stipulated time as mentioned in the said circular, from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 3/6
02.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To 1.The Secretary of Government of Tamil Nadu Department of Revenue Fort St. George, Chennai - 600 009
2. The District Collector Thiruvalur, Thiruvallur District Thiruvallur
3. The Tahsildar, Madhavaram Taluk Gandhi Main Road, Balaji Nagar Puzhal, Chennai - 600 066 5/6
P.VELMURUGAN. J.
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