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Madras High CourtWP/5196/2024disposed of

M.Ammasi v. The Secretary To Government

2024-02-28Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ M.AMMASI .. Petitioner Vs

1. THE SECRETARY TO GOVERNMENT REVENUE DEVELOPMENT, FORT ST. GEORGE, CHENNAI - 9.

2. THE SECRETARY TO GOVERNMENT LAW DEPARTMENT, FORT ST. GEORGE, CHENNAI - 9.

3. THE DISTRICT COLLECTOR/ R.D.O SALEM, SALEM DISTRICT.

4. THE SUB COLLECTOR OFFICE OF REVENUE DIVISIONAL OFFICER, METTUR DAM - 1, SALEM DISTRICT.

5. THE TAHSILDAR TALUK OFFICE, OMALUR TALUK, SALEM DISTRICT.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring the order passed by the 3rd respondent in his proceeding Na.Ka.E-1172219/2023/K2, dated 21.02.2024 as non-est in the eye of law, consequently direct the

1st and 2nd respondents to frame a rule U/s.8(C) (F) of the Tamil Nadu Land Encroachment Act 1905 enabling respondents 3 to 5 to provide a House site patta to the petitioner in Survey No.114/1 at Kottamettupatti Village, Omalur Taluk, Salem district by considering the representation dated 23.02.2024.

For the Petitioner : Mr.M.Elango For the Respondents : Mr.Karthik Jegannathan Government Advocate

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of declaration declaring the order passed by the 3rd respondent in his proceeding Na.Ka.E-1172219/2023/K2, dated 21.02.2024 as nonest in the eye of law, consequently direct respondents 1 and 2 to frame a rule U/s.8(C) (F) of the Tamil Nadu Land Encroachment Act 1905 enabling respondents 3 to 5 to provide a house site patta to the petitioner in Survey No.114/1 at Kottamettupatti Village, Omalur Taluk, Salem District, by considering the representation dated 23.02.2024.

2. After some submissions, learned counsel for the petitioner

sought three weeks' time to file a revision before the Commissioner of Land Administration against the order impugned in this writ petition, for which learned Government Advocate appearing on behalf of the respondents has no serious objection.

3. In view of the above, the writ petition is disposed of with the following directions:

(i) The petitioner is granted three weeks' time to file a revision before the Commissioner of Land Administration against the order impugned in this writ petition.

(ii)The Commissioner of Land Administration shall consider the revision purely on merits and in accordance with law, after providing an opportunity to the petitioner.

(iii)Status-quo as on date shall be maintained by the parties for a period of three weeks.

There shall be no order as to costs. Consequently,

W.M.P.No.5715 of 2024 is closed.

(R.M.D., J.) (M.S.Q., J.) 28.02.2024 Index :

No No Note to Registry:

Issue order copy on 29.2.2024.

sasi To

1. THE SECRETARY TO GOVERNMENT REVENUE DEVELOPMENT, FORT ST. GEORGE, CHENNAI - 9.

2. THE SECRETARY TO GOVERNMENT LAW DEPARTMENT, FORT ST. GEORGE, CHENNAI - 9.

3. THE DISTRICT COLLECTOR/ R.D.O SALEM, SALEM DISTRICT.

4. THE SUB COLLECTOR OFFICE OF REVENUE DIVISIONAL OFFICER, METTUR DAM - 1, SALEM DISTRICT.

5. THE TAHSILDAR TALUK OFFICE, OMALUR TALUK, SALEM DISTRICT.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

(sasi) 28.02.2024