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Madras High CourtWP/3988/2019dismissed

Mrs.Gali Jojammal v. The Commissioner Land Administrate

2019-03-19Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.3988 of 2019 Mrs.Gali Jojammal ...

Petitioner Vs.

1.The Commissioner, Land Administration Department, Chepauk, Chennai - 600 005.

2.The District Collector, Kancheepuram District, Kancheepuram - 631 501.

3.The Special District Revenue Officer (LA), Kancheepuram & Thiruvallur Districts, Kancheepuram - 631 501.

4.The Special Tahsildar (LA), Bangalore - Chennai Expressway, Unit-III, Kancheepuram - 631 501.

4.Kurapatti Robert Ignatius ...

Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the respondents 1 to 4 to dispose of the petitioner's representation dated 04.01.2019 within a time frame.

For Petitioner : Ms.Pa.Anjana For Respondents : Mr.Raja Additional Government Pleader ******

O R D E R

The prayer in the Writ Petition is for issuance of Writ of Mandamus, directing the respondents 1 to 4 to dispose of the petitioner's representation dated 04.01.2019.

2. According to the petitioner, she is one of the legalheirs of Kurapatti Lourdu Naidu. The respondents had initiated the land acquisition proceedings in Sagandi Village and other places for formation of Bangalore-Chennai Expressway. It is submitted that his son viz., Kurapatti Robert Ignatius, the fourth respondent herein, had obtained patta fraudulently, through his father-in-law and Power of Attorney P.J.David and others. It is further submitted that a notice has been issued only to the fourth respondent for the acquisition of land and no notice has been issued to her. Hence, the petitioner made a representation to the respondents on 04.01.2019, seeking to issue necessary notice under the Act, 2013 to all the legalheirs / owners of the property for acquisition of land, and if land has already been acquired, furnish all such details to her. Since the said representation was not considered, the petitioner is before this Court.

3. The learned Additional Government Pleader appearing for the respondents would submit that the petitioner has not furnished any particulars of the property and if the petitioner furnishes the particulars, the respondents will consider the representation of the petitioner.

4. In the light of the submissions and also considering the limited scope of prayer sought for in this writ petition, this Court, without going into merits of the case, directs the petitioner to submit a fresh representation to the respondents along with all the particulars of land within a period of two weeks from the date of receipt of a copy of this order. If any such representation is made, the respondents shall consider the same and pass orders on merits and in accordance with law, as expeditiously as possible.

5. With the above direction, the Writ Petition is disposed of. There is no order as to costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

r n s To 1.The Commissioner, Land Administration Department, Chepauk, Chennai - 600 005.

2.The District Collector, Kancheepuram District, Kancheepuram - 631 501.

3.The Special District Revenue Officer (LA), Kancheepuram & Thiruvallur Districts, Kancheepuram - 631 501.

4.The Special Tahsildar (LA), Bangalore - Chennai Expressway, Unit-III, Kancheepuram - 631 501.

+1cc to M/s.R.Prabhakaran, Advocate sr.no.25668 +1cc to Government Pleader sr.no.26267 W.P.No.3988 of 2019 nr 12/04/2019