K. Meenakshi Sundaram v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16163 of 2016 K.Meenakshi Sundaram ... Petitioner

Versus

1. The Secretary Revenue Department Secretariat, Chennai 600 009.

2. The Additional Chief Secretary/ Commissioner of Revenue Administration Ezhilagam, Chennai-600005.

3. The Principal Commissioner of Land Administration Chepauk, Chennai 600005.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 2nd respondent to take appropriate action on petitioner's representation dated 28.05.2014 in pursuance to the direction of the 1st respondent dated 12.06.2014 made in Letter No.20052/Work.[pani] 4[2]/2014-1.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.R.Govindasamy, Special Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims to be the absolute owner of the property admeasuring to an extent of 1088 sq.ft., in S.Nos.127/4A and 127/3A of Maduravoyal village, Ambattur Taluk and claims to have purchased the property along with one Sasikumar from the legal heirs of Thangamma Mathew, who is the original owner of the property, vide registered Sale Deed bearing Document No.6768/2006 dated 11.11.2006 registered on the file of the office of Sub Registrar, Virugambakkam and

further claims that ever since the date of purchase, he along with Sasikumar were in peaceful possession and enjoyment of the same. The grievance expressed by the petitioner is that the Tahsildar, Ambattur Taluk, in collusion with one Sangeetha, wife of Soundararajan and other land grabbers, had clandestinely included her name and while plotting out the property, the lands of the petitioner has been shown as "30 feet pathway". In this regard, the petitioner has submitted numerous representations to various authorities and the office of the 1st respondent, vide communications dated 12.06.2014 and 12.08.2014 in Letters No.20052/gzp 4[2]/2014-1 and 27994/gzp 4 [2]/2014-1, has directed the 2nd respondent to take appropriate action and inform the petitioner and despite that, no orders have been passed by the 2nd respondent and therefore, the petitioner is constrained to approach this Court by filing this writ petition.

3. Heard the learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents.

4. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 2nd respondent to take note of the above cited communications of the 1st respondent and pass orders on the representation of the petitioner dated 28.05.2014 in accordance with law, after putting on notice, the person/s concerned, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the person/s concerned.

5. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP To

1. The Secretary Revenue Department Secretariat, Chennai 600 009.

2. The Additional Chief Secretary/ Commissioner of Revenue Administration Ezhilagam, Chennai-600005.

3. The Principal Commissioner of Land Administration Chepauk, Chennai 600005.

+2cc's to Mr.R.Prabakar, Advocate, S.R.No.42978 +1cc to the Government Pleader, S.R.No.43052 W.P.No.16163 of 2016 MP1(CO) CA(05/08/2016)