Mahindra World City Developers Ltd v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2043 of 2022 Mahindra World City Developers Ltd., Administrative Block, Central Avenue, Mahindra World City, Chengalpattu Taluk, Chengalpattu District-603 004.
... Petitioner Vs.
1.
Government of Tamil Nadu, Revenue and Disaster Management Department, Represented by Principal Secretary, Revenue Dept. Fort St. George, Chennai-600009.
2.
Government of Tamil Nadu, Represented by Principal Secretary, Industries Dept. 9th floor, Namakkal Kavignar Maaligai, Fort St. George, Chennai-600009.
3.
District Collector, Chengalpattu (Previously Kancheepuram) Chengalpattu Collectorate, Chengalpattu.
4.
District Revenue Officer, Collectorate, GST Road, Chengalpattu 603 001.
5.
Revenue Divisional Officer, Collectorate, GST Road, Chengalpattu 603 001.
6.
The Tahsildar, Chengalpattu Taluk, Chengalpattu-603 001.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 6th respondent to
take action forthwith on the petitioner's application dated 10.01.2022 for effecting mutation in the Village and Taluk accounts and take action thereon within a time frame to be fixed by this Court.
For Petitioner : Mr.Srinath Sridevan For Respondents : Mr.T.Chezhiyan, Additional Government Pleader
O R D E R
The petitioner has filed this writ petition seeking to direct the 6th respondent to consider the petitioner's representation dated 10.01.2022.
2. The case of the petitioner is that the State Government assigned a land in favour of the petitioner under G.O.Ms.No.500 dated 31.09.2000 and all classifications were exempted while assigning the land. While so, one portion of the lands i.e kalam poromboke land was assigned in favour of the petitioner. However, the patta for the same was not issued. Thereafter, the petitioner made a representation dated 10.01.2022 before the 6th respondent. However, till date no orders have been passed on the said representation. Hence, this Writ Petition has been filed.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice, if this Court issues direction to the 6th respondent to consider the petitioner's representation dated 10.01.2022 and pass orders on the same within a particular time frame fixed by this Court.
4. Heard the submission of the learned counsel appearing for the respondents as well as the learned counsel for the petitioner.
5. The averments put forth before this Court reveal that the change of classification is vested only with the Government and not with the 6th respondent. Hence, the 6th respondent is not competent to pass any order.
6. In view of the above, representation made by the petitioner before the 6th respondent is not sustainable. However, liberty granted to the petitioner to make a fresh representation before the 1st respondent within a period of twelve weeks from the date of receipt of a copy of this order and on such representation, the 1st respondent is directed to pass appropriate orders as early as possible in accordance with law.
7.This Writ Petition is disposed of with the aforesaid direction. No Costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar anu To 1.
The Principal Secretary, Revenue Dept.
Government of Tamil Nadu, Revenue and Disaster Management Department, Fort St. George, Chennai-600009.
2.
The Principal Secretary, Industries Dept.
Government of Tamil Nadu, 9th floor, Namakkal Kavignar Maaligai, Fort St. George, Chennai-600009.
3.
District Collector, Chengalpattu (Previously Kancheepuram) Chengalpattu Collectorate, Chengalpattu.
4.
District Revenue Officer, Collectorate, GST Road, Chengalpattu 603 001.
5.
Revenue Divisional Officer, Collectorate, GST Road, Chengalpattu 603 001.
6.
The Tahsildar, Chengalpattu Taluk, Chengalpattu-603 001.
+1cc to Mr.Srinath Sridevan, Advocate, S.R.No.8723 W.P.No.2043 of 2022 PL(CO) CT 03/03/2022