M/S.G.S.Pillay And Sons Charitable And v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2021
CORAM
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.10022 of 2021 M/s. G.S.Pillay @ Sons Charitable and Educational Trust.
rep. by its Secretary S. Paramesvaran, having office at No.47, Perumalsannathistreet, Nagapattinam.
...
Petitioner Vs
1. The District Collector, Office of District Collectorate, Nagapattinam.
2. The Revenue Divisional Officer, Nagapattinam
3. The Tahsildar, Nagapattinam Taluk, Nagapattinam District.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.o3.2021 and thereby directing the respondents to pass an order to rectify the wrong classification of S.No.164/4 at Nagore Village, Nagapattinam Taluk and mutate patta in favour of the trust.
For petitioner ... Mr. P.Dinesh Kumar For respondents ... Mrs. K. Bhuvaneswari, Addl.Govt. pleader
ORDER
This writ petition has been filed seeking a direction to the first respondent to re-classify the land in Survey No.164/4, Nagore Village, Nagapattinam Taluk.
2. According to the petitioner, he has purchased the property in Survey No.164/4 in Nagore Village, Nagapattinam Taluk from M.Udhumanmaraikayar Family Trust and patta was also issued in the name of the petitioner Trust. Earlier, during the re-survey, the above land was wrongly classified as "Poromboke land". Thereafter, on the application given by the petitioner's vendor, wrong classification has been rectified in the year 1969 itself. Now, once again, the land was wrongly classified as "Government Poromboke".
In the said circumstances, the petitioner has made a representation before the concerned authorities on 05.03.2021 to rectify the wrong classification. But, the same has not been disposed of till date. Hence, the present writ petition has been filed.
3. Heard the counsel for the petitioner and the Additional Government Pleader, appearing for the respondents.
4. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, and also the petitioner's representation dated 05.03.2021 is pending with the first respondent, without going into the merits of the case, the first respondent is directed to consider the petitioner's representation dated 05.03.2021 and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar mrp To
1. The District Collector, Office of District Collectorate, Nagapattinam.
2. The Revenue Divisional Officer, Nagapattinam
3. The Tahsildar, Nagapattinam Taluk, Nagapattinam District.
+1cc to Mr.Kuyilan, Advocate SR.No.24853 +1cc to Government Pleader SR.No.25354 W.P. No.10022 of 2021 SR(CO) GMY(30/06/2021)