B.Kumudavalli v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.14158, 14169 and 14204 of 2022 And W.M.P.Nos.13413, 13420 and 13438 of 2022 B.Kumudavalli ... Petitioner in W.P.14158/2022 K.Shanthi ... Petitioner in W.P.14169/2022 Unnamalai ... Petitioner in W.P.14204/2022 Vs.
1. The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2. The District Collector, Chennai District, District Collectorate, Rajaji Salai, Chennai - 600 001.
3. The Tahsildar Ambattur Taluk, Thiruvallur High Road, Gandhi Nagar, Ambattur, Chennai - 600 053.
... Respondents in all the W.Ps.
Common Prayer:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to rectify the erroneous classification of land caused in the revenue records during town survey proceedings relating to Survey No.65, and its sub division Nos.65-1 A/3, 65-1 A/3 and 65/1A/11 respectively, Korattur Village, Ambattur Taluk, formerly Saidapet Taluk, and re-classify the said land as Ryotwari land in the official website of the revenue department by acting upon the proceedings dated 06.09.2019 Ref.No.1253/2019/C1 issued by the 3rd respondent and grant and transfer the patta in the name of the petitioners in respect of their property viz. all that plot of land measuring 1080 sq.ft., 1035 sq.ft. and 2349 sq.ft. respectively, bearing Plot Nos.20, 20 and 3 respectively, Sri Venkateswara Nagar, comprised in Survey No.65(P) subsequent survey Nos.65-1 A/3(southern
portion), 65-1 A/3(northern portion) and 65/1A/11 respectively, covered in old patta Nos.4423, 4423 and 4431 respectively, issued by Dy.Tahsildar, Saidapet, Korattur Village, Ambattur Taluk within a time to be stipulated by this Hon'ble Court. For Petitioners : Mr.S.Thanka Sivan For Respondents : Mr.G.Krishna Raja Additional Government Pleader C O M M O N O R D E R Since the issue involved in all these writ petitions are one and the same, they are heard together and disposed of by way of a common order.
2.The petitioners have filed these writ petitions seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to rectify the erroneous classification of land caused in the revenue records during town survey proceedings relating to Survey No.65, and its sub division Nos.65-1 A/3, 65-1 A/3 and 65/1A/11 respectively, Korattur Village, Ambattur Taluk, formerly Saidapet Taluk, and re-classify the said land as Ryotwari land in the official website of the revenue department by acting upon the proceedings dated 06.09.2019 Ref.No.1253/2019/C1 issued by the third respondent and grant and transfer the patta in the name of the petitioners in respect of their property viz. all that plot of land measuring 1080 sq.ft., 1035 sq.ft. and 2349 sq.ft. respectively, bearing Plot Nos.
20, 20 and 3 respectively, Sri Venkateswara Nagar, comprised in Survey No.65(P) subsequent survey Nos.65-1 A/3(southern portion), 65-1 A/3(northern portion) and 65/1A/11 respectively, covered in old patta Nos.4423, 4423 and 4431 respectively, issued by Deputy Tahsildar, Saidapet, Korattur Village, Ambattur Taluk, within a time frame.
3.The case of the petitioners is that the petitioners are the owners of the respective subject property. The said lands were originally classified as Ryotwari lands, however, during the town survey proceedings, they were classified as Government lands. Inorder to rectify the mistake, the petitioners made representation to the respondents dated 06.03.2020, 06.03.2020 and 02.12.2019 respectively, and since the same have not yet been considered, have filed these writ petitions. 4.The learned counsel appearing for the petitioners submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioners representations dated 06.03.2020, 06.03.2020 and 02.12.2019 respectively and to pass appropriate
orders within a reasonable time frame.
5.Considering the limited request made by the learned counsel appearing for the petitioners, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioners representations dated 06.03.2020, 06.03.2020 and 02.12.2019 respectively, on merits and in accordance with law and to pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.
6.These writ petitions are accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pri To
1. The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2. The District Collector, Chennai District, District Collectorate, Rajaji Salai, Chennai - 600 001.
3. The Tahsildar Ambattur Taluk, Thiruvallur High Road, Gandhi Nagar, Ambattur, Chennai - 600 053.
+3cc to Mr.S.Thanka Sivan, Advocate, S.R.No.32864,32866,32867 +1cc to the Government Pleader, S.R.No.34263,34262,34200 W.P.Nos.14158, 14169 and 14204 of 2022 And W.M.P.Nos.13413, 13420 and 13438 of 2022 RLD(CO) CT/17/06/2022