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Madras High CourtWP/5700/2025disposed of

K.N.Samiyappan v. The Principal Secretary To Government

2025-04-08Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. K.N.Samiyappan S/o Nachimuthu No.6 Pallakattuthottam, Siviarpalayam, Kodumanal, Punjai Palatholuvu Post, Uthukuli Via, Perundurai Taluk, Erode District 638751 Petitioner(s) Vs

1. The Principal Secretary To Government Commercial Taxes And Registration Department Secretariat Fort St. George Chennai 600009 2.The Commissioner Commissionerate Of Land Administration, Land Administration Department, Ezhilagam, Chepauk Chennai 600005 3.The Inspector General Of Registration

No.100 Santhome High Road, Foreshore Estate, Chennai 600028 4.The District Collector Collectorate, Erode District, Erode 5.The District Registrar Tiruppur District, Tiruppur 6.The Sub Registrar Office Of The Sub Registrar, Uthukuli, Tiruppur District 7.The Tahsildar Office Of The Tahsildar Perundurai Erode District Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India seeking for the issue of writ of Mandamus directing the respondents 1 to 7 to clear the description for the lands measuring 4.50 Acres in New Survey Nos.106/A, 106/1C, 106/2C1, 106/2C2, 188/2A and 188/2B (corresponding old survey nos.57, 152 and 153) Kodumanal village, Perundurai Taluk, Erode District which is stated as Guideline Value - Rs.0 and Classified - Ithara Poromboke and consequently fix the appropriate Guideline Value and reclassify the lands as ryotwari by considering the representation of the petitioner dated 29.11.2024

For Petitioner(s): N.S.Suganthan For Respondent(s):

Mr.M.R.Gokulkrishnan Agp Takes Notice For Respondents 1 to 7

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner on 29.11.2024 wherein the petitioner has expressed his grievance to the effect that the subject property has been classified as Ithara Poramboke and the guideline value has been fixed as Zero. As a result, the petitioner is not able to deal with the property.

2.

When the writ petition came up for hearing on 21.02.2025, this Court directed the learned Additional Government Pleader appearing on behalf of the respondents 2, 4 and 7 to take instructions and directed the matter to be listed for hearing today.

3.

When the matter was taken up for hearing today, the

learned Additional Government Pleader based on the communication made by the Tahsildar, Perundurai to the District Collector, Erode dated 02.04.2025 and also the written instructions received from the Tahsildar, Perunduari, submitted that the subject property belonging to the petitioner has been wrongly classified as Ithara Poramboke and that steps are being taken to reclassify the same as ryotwari and thereafter, the relevant guideline value will be fixed and the petitioner can deal with the property.

4.

In the light of the submissions made by the learned Additional Government Pleader and considering the communication made by the Tahsildar to the District Collector dated 02.04.2025, there shall be a direction to the 4th respondent viz., the District Collector to pass appropriate orders based on the communication made by the Tahsildar dated 02.04.2025 within a period of eight weeks from the date of receipt of a copy of this order. After the orders are passed by the District Collector reclassifying the land, the relevant guideline value can be fixed in order to enable the petitioner to deal with the property.

5.

This writ petition is disposed of with the above directions. No costs.

08-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Principal Secretary To Government Commercial Taxes And Registration Department Secretariat Fort St. George Chennai 600009 2.The Commissioner Commissionerate Of Land Administration, Land Administration Department, Ezhilagam, Chepauk Chennai 600005 3.The Inspector General Of Registration No.100 Santhome High Road, Foreshore Estate, Chennai 600028 4.The District Collector Collectorate Erode District Erode 5.The District Registrar Tiruppur District Tiruppur 6.The Sub Registrar Office Of The Sub Registrar, Uthukuli, Tiruppur District 7.The Tahsildar Office Of The Tahsildar Perundurai Erode District

N.ANAND VENKATESH J.

rka 08-04-2025