← Library
Madras High CourtWP/8437/2021closed

Sudha v. The Commissioner

2021-07-19Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19..07..2021

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.8437 of 2021 and W.M.P.Nos.8980 and 8982 of 2021 Sudha ... Petitioner -Versus1.The Commissioner, Department of Land Reforms, Ezhilagam, Chennai 600 005.

2.The District Collector, Thiruvarur District, Thiruvarur.

3.The Revenue Divisional Officer, Mannargudi, Thiruvarur District.

4.The Tahsildar, Mannargudi Taluk, Mannargudi, Tiruvarur District.

5.The Village Administrative Officer, Paravakkottai-II, Paravakkottai, Mannargudi Taluk, Tiruvarur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 4th respondent in respect of Village - A Register of Village No.133/2, Paravakkottai Village, S.No.640/1 and to quash the same and for a consequential direction to the respondents to enter the name of the petitioner as owner of the land in S.No.640/1 in the Village - A Register of Village No.133/2, Paravakkottai Village.

For Petitioner : Mr.B.Jawahar For Respondent(s) : Mr.K.M.D.Muhilan, Government Advocate for RR1 to 5

ORDER

[This matter has been heard through video conference] This writ petition has been filed challenging the entry maintained by the 4th respondent in the A-Register of Village No.133/2, Paravakkottai Village, describing the land comprised in S.No.640/1 as "Government Poramboke Vacant Land" and for a consequential direction to the respondents to enter the name of the petitioner as owner of the land in S.No.640/1 in the Village - A Register of Village No.133/2, Paravakkottai, Mannargudi Taluk, Thiruvarur District.

2. According to the petitioner, his ancestors were the owners of the above said land which was originally classified as Dry land [Tharisu]. But, in the A-Register it has been described as Government Poramboke vacant land. Hence, the present writ petition.

3. Today, when the matter has been taken up for hearing, the learned counsel appearing for the petitioner, on instructions, submitted that the petitioner had approached the revenue authorities and made representations seeking to reclassify the land in question.

Based on the representation of the petitioner, the 1st respondent had already referred the matter to the District Revenue Officer, Thiruvarur, to conduct an enquiry and pass suitable orders and the 2nd respondent - District Collector, Thiruvarur, in turn, by his proceedings dated 15.06.2021, directed the 3rd respondent - Revenue Divisional Officer, Mannargudi, to conduct an enquiry and pass suitable orders on the representation of the petitioner. But, no steps have been taken by the 3rd respondent till date to conduct an enquiry.

4. The learned Government Advocate appearing for the petitioner has not seriously disputed the factual aspects of the matter.

5. Considering the fact that the petitioner had already approached the authorities concerned for reclassification of the land in question, the prayer sought for the writ petition cannot be granted at this stage. However, since the enquiry is pending with the 3rd respondent, he is directed to consider the representation made by the petitioner seeking to reclassify the land in question and pass suitable orders thereof on merits and

in accordance with law after hearing the petitioner as well as other interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order. In the result, this writ petition is closed accordingly with the above directions. No costs. Consequently, connected WMPs are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kmk To 1.The Commissioner, Department of Land Reforms, Ezhilagam, Chennai 600005.

2.The District Collector, Thiruvarur District, Thiruvarur.

3.The Revenue Divisional Officer, Mannargudi,Thiruvarur District.

4.The Tahsildar, Mannargudi Taluk, Mannargudi, Tiruvarur District.

5.The Village Administrative Officer, Paravakkottai-II, Paravakkottai, Mannargudi Taluk,Tiruvarur District.

+1cc to Government Pleader (SR No.34978) Writ Petition No.8437 of 2021 KV (CO) PR (18/08/2021)