Madras High CourtWP/3749/2021disposed of

Kumar Alias Konda Reddiar v. The Additional Chief Secretary

2021-03-03Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.3749 of 2021 &WMP.No.4273 of 2021 Kumar @ Konda Reddiar

...Petitioner

-Vs1.The Additional Chief Secretary/ Commissioner of Land Reforms, Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Director of Land Reforms, Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Collectorate, Chengalput.

4.The District Revenue Officer, Chengalput.

5.The Sub-Collector(RDO), Madurandhakam, Chengalput District.

6.The Tahsildar, Madurandhakam, Chengalput District.

7.Head Surveyor, Madurandhakam, Chengalput District.

8.The Revenue Inspector, Zameen Endathur, Madurandhakam Taluk, Chengalput District.

9.The Village Administrative Officer, No.178, Peruveli Village, Madurandhakam Taluk, Chengalput District.

10.The Special District Revenue Officer(Land Acquisition), Chennai - Kanyakumari Industrial Road Scheme, Kancheepuram.

11.The Special Tahsildhar (Land Acquisition), Chennai - Kanyakumari Industrial Corridor Scheme, Southu Pakkam, Chengalpet District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing teh Respondents 1 to 9 to (i) take action on the Petition dt.08.10.2018 given by him, (ii) comply with the directions issued by the 1st Respondent U/s.18-A of the T.N.Land Ceiling Act 1961 in his Order dt.26.03.2010 and the madatory provisions contained U/s.18-C&D, (iii) carry out all the consequential statutory duties prescribed U/s.18-c& D, (iv) to issue Notification U/s.18-C and cancel all the Final Statements and Notifications issued U/s.18(1) issued in respect of his Agricultural Land holdings, (v) receive back the amount of Rs.6,782.35/- & RS.2522/- determined U/s.

50 and paid over to him, (vi) delete the names of the illegal Assignees entered in the Revenue Records in respect of all the lands, including the lands bearing S.Nos.132/2, 134/4A, 134/5A1, 134/6A1, 135/6, 135/4A, 141/1, 149/2, 149/3a, 157/2, 167/2, 167/3, 171/4 & 172/3, 147/2B, 138/3, 145/4, 146/4B, 154/1, 155/1A etc., measuring in total 9.91 Standard Acres (28.99 Ordinar Acres) reverted back to him and restore his name as a rightful owner of those lands and (vii) restore actual physical possession of those lands to him, within the time that may be fixed by this Hon'ble Court For Petitioner : Mr.A.Sendhilnarayanan For R1 to R9 : Mr.S.N.Parthasarathi Additional Government Pleader For R10 & 11 : Mr.V.

ORDER

The case of the petitioner is that his properties were involved in a land ceiling proceedings under the Land Reforms Act, 1961. By virtue of the proceedings under 18 B and 18 C of the said Act, the lands were restored back to the petitioner. Now, part of his properties is notified for acquisition for the Chennai-Kanyakumari Industrial Corridor Project of the State Highways Department.

2.Heard both sides.

3.Mr.V.Anandhamurthy, learned Additional Government Pleader entered appearance for respondents 10 and 11. He made a statement that there is a title dispute between the petitioner and one Ravikumar, who is not a party to the proceedings and hence, the Land Acquisition Authority has not deposited the Award amount pursuant to the Award passed on 23.02.2021. 4.Be that as it may, the prayer in the Writ Petition is for a direction to the fifth respondent/RDO to consider the representation of the petitioner.

5.Mr.S.N.Parthasarathi, learned Government Advocate appearing for respondents 1 to 9 submits that the same will be disposed of after the conclusion of the General Elections-2021. 6.This Court now directs the fifth respondent to take up the representation of the petitioner during the fourth week of May, 2021 and dispose of the same within a period of 12 weeks thereafter after hearing all the parties who are likely to be affected by his decision and after providing them a fair and effective hearing.

7.The Writ Petition is accordingly disposed of. No costs. Sd/-- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Tsg To 1.The Additional Chief Secretary/ Commissioner of Land Reforms, Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.