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Madras High CourtWP/7346/2020dismissed

Ahamed Basha v. The Commissioner

2022-01-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7346 of 2020 Ahamed Basha ... Petitioner vs.

1.The Commissioner, Municipal Office, Tiruvannamalai - 606 601.

2.The Town Surveyor, Municipal Office, Tiruvannamalai - 606 601.

3.The District Registrar, Office of the District Registrar, Durgaiamman Koil Street, Tiruvannamalai - 606 601.

4.The Tahsildar, Taluk Office, Anna Salai, Tiruvannamalai Town - 606 601.

5.The Special Tahsildar, Town Settlement, Taluk Office, Anna Salai, Tiruvannamalai Town - 606 601.

6.The Revenue Divisional Officer, Revenue Divisional Office, Anna Salai, Tiruvannamalai Town - 606 601.

7.The District Revenue Officer, District Revenue Office, Vengikkal, Tiruvannamalai - 606 604.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to pass Orders, on the representation, dated 16.12.2019, relating to the cancellation of classification of the lands in revenue records to an extent

of 0.3885.0 Sq.meters, in S.No.1769, in Block No.29, Ward No.4, Tiruvannamalai District and Town, as "Sarkar Poromboke" in the Land Registers, and to incorporation of the name "Allah Pichai", in the above lands, within the time framed as fixed by this Court.

For Petitioner : Mr.P.Raja For R1 and R2 : Mr.L.P.Maurya Standing Counsel For R3 : Mr.Yogesh Kannadasan Special Government Pleader For R4 to R7 : Mr.A.M.Ayyadurai Government Advocate

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to pass orders on the representation dated 16.12.2019 relating to the cancellation of classification of the lands in revenue records to an extent of 0.3885.0 Sq.meters, in S.No.1769, in Block No.29, Ward No.4, Tiruvannamalai District and Town, as "Sarkar Poromboke" in the Land Registers, and to incorporation of the name "Allah Pichai", in the above lands, within the time framed as fixed by this Court.

2. The petitioner made representation for cancellation of classification of the land in the revenue records to an extent of 0.3885.0 Sq.meters in S.No.1769 in Block No.29, Ward No.4, Tiruvannamalai District and Town. His brother viz., C.Hussain also made same representation with regards to very same request in respect of the very same land and on his representation, the 4th respondent herein conducted detailed enquiry and rejected his claim by an order dated 26.12.2018 in Ma.Pa.No.1268/18. In fact, his brother also filed writ petition before this Court in W.P.No.6409 of 2019 to consider his representation dated 09.11.2018 and the same was rejected by the order dated 26.12.2018 by the 4th respondent herein.

3. Considering the above, the representation of the petitioner cannot be considered and this writ petition is devoid of merits and it is liable to be dismissed.

4. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to challenge the order passed by the 4th respondent herein dated 26.12.2018 in Ma.Pa.No.1268/18 in the manner known to law, if not already challenged. No costs. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar dm To 1.The Commissioner, Municipal Office, Tiruvannamalai - 606 601.

2.The Town Surveyor, Municipal Office, Tiruvannamalai - 606 601.

3.The District Registrar, Office of the District Registrar, Durgaiamman Koil Street, Tiruvannamalai - 606 601.

4.The Tahsildar, Taluk Office, Anna Salai, Tiruvannamalai Town - 606 601.

5.The Special Tahsildar, Town Settlement, Taluk Office, Anna Salai,Tiruvannamalai Town - 606 601.

6.The Revenue Divisional Officer, Revenue Divisional Office, Anna Salai, Tiruvannamalai Town - 606 601.

7.The District Revenue Officer, District Revenue Office, Vengikkal,Tiruvannamalai - 606 604.

+1 cc to M/s.L.P.Maurya, Advocate Sr.NO. 2449 +1 cc to Government Pleader Sr.NO. 3023 W.P.No.7346 of 2020 mt(CO) A.SK(09.02.2022)