T.P. Sarada v. The Special Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2018 CORM THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.350 of 2018 T.P.Sarada Wife of Mr.T.Madhavan Nair .. Petitioner versus 1.The Special Commissioner & Commissioner for Land Administration Ezhilagam, Chepauk, Chennai-600 005.
2.The Collector of Nilgiris Office of the District Collector Udhagamandalam, The Nilgiris - 643 001.
3.The District Revenue Officer Office of the District Collector Udhagamandalam, The Nilgiris - 643 001.
4.The Tahsildar Udhagamandalam Nilgiris - 643 001.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents more particularly the 4th respondent to expeditiously consider and pass orders on the petitioner's representation dated 03.06.2017 to effect ryotwari settlement of the petitioner's land classified as 'freehold' in respect of an extent of 0.20 acres in R.S.No.74 Town Survey No.28, Ward F, Block 3 of Udhagamandalam Town, Nilgiris District. For Petitioner : Mr.K.F.Manavalan For Respondents : Mr.R.Govindasamay Special Government Pleader
O R D E R
Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner claims that the subject matter land is a free hold land and not assessed to Land Revenue and therefore, the petitioner is entitled to have the said land assessed for the land Revenue and Chitta. In other words, the claim of the petitioner is that the subject matter land, which is stated to be in her possession and enjoyment, has to be assessed for land Revenue and consequently, Chitta has to be issued in her name. Seeking for such relief, the petitioner has made a representation on 03.06.2017, before the respondents and it is stated that the said representation is yet to be considered.
3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents, more particularly, the fourth respondent to consider and decide the same on merits and in accordance with law. Therefore, this writ petition is disposed of, by directing the fourth respondent to consider and pass orders on the same on merits and in accordance with law, after hearing rival claimants, if any. Such exercise shall be done by the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
mk -sd/- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Special Commissioner & Commissioner for Land Administration Ezhilagam, Chepauk, Chennai-600 005.
2.The Collector of Nilgiris Office of the District Collector Udhagamandalam, The Nilgiris - 643 001.
3.The District Revenue Officer Office of the District Collector Udhagamandalam, The Nilgiris - 643 001.
4.The Tahsildar Udhagamandalam Nilgiris - 643 001.
+1 C.C. to Mr.K.F.Manavalan Advocate SR.NO. 1564/18 +1 C.C. to The Government Pleader, SR.NO.1837/18 W.P.No.350 of 2018 VGI (CO) VS 03.02.2018