Grand Enterprises v. Secretary To Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-07-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Grand Enterprises, A registered Partnership Firm Having its Office at Grand Hotel, M.G.Road, Ernakulam, Cochin, Kerala-682 011 Represented herein by its Partner and Authorised Signatory Mr.K.J.George. ... Petitioner Vs.

1.The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.

2.The Special Commissioner and Commissioner for Land Administration, 'Ezhilagam', Chepauk, Chennai-600 005.

3.The Collector of Nilgiris, 4.The District Revenue Officer, 5.The Revenue Divisional Officer, 6.Tahsildar, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents, more particularly the sixth respondent to expeditiously include the petitioner's name in the Chitta and effect 'Ryotwari Settlement' on the land, classified as 'Freehold' and admeasuring an extent of 1.14-1/2 acres in R.S.No.74/1C3 (Old Survey No.74), Town Survey No.29, in Ward 'F', Block 3 of Udhagamandalam Town and Taluk, Nilgiris.

For Petitioner : Mr.K.F.Manavalan For Respondents : Mr.R.Ramanlaal, Additional Advocate General

Assisted by Mr.C.Jayaprakash, Government Advocate.

O R D E R

The writ on hand has been instituted to direct the respondents, more particularly the sixth respondent to expeditiously include the petitioner's name in the Chitta and effect 'Ryotwari Settlement' on the land, classified as 'Freehold' and admeasuring an extent of 1.14-1/2 acres in R.S.No.74/1C3 (Old Survey No.74), Town Survey No.29, in Ward 'F', Block 3 of Udhagamandalam Town and Taluk, Nilgiris.

2. The learned Additional Advocate General appearing on behalf of the respondents made a submission that the petitioner has not submitted any proper application to the Competent Authority for the purpose of considering the issues in consonance with the provisions of the Statutes and the Rules in force. In the absence of any such application, the Authority may not be in a position to take decision.

3. The learned counsel for the petitioner states that the petitioner sent several representations to the Authorities. However, there is no proof to establish that the petitioner has sent representations to the Revenue Divisional Officer concerned for the purpose of considering the issues in consonance with the provisions of the Statutes and the Rules in force.

4. May that as it be. If at all any representation has been received by the Revenue Divisional Officer concerned, the petitioner is at liberty to send fresh representation setting out all the facts along with the documents, if any, within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such application/representation from the petitioner, the Revenue Divisional Officer, Udhagamandalam, Nilgiris is directed to conduct an enquiry by affording an opportunity to all the parties concerned and thereafter take decision and pass final orders, within a period of twelve weeks from the date of receipt of a copy of the representation from the petitioner.

5. With the above liberty, the present writ petition stands disposed of. However, there shall be no order as to costs. 25-07-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn To 1.The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.

2.The Special Commissioner and Commissioner for Land Administration, 'Ezhilagam', Chepauk, Chennai-600 005.

3.The Collector of Nilgiris, 4.The District Revenue Officer,

S.M.SUBRAMANIAM, J.

Svn 5.The Revenue Divisional Officer, 6.Tahsildar, WP 5310 of 2023 25-07-2023