R.Pankajam v. The Land Commissioner (Land Reforms)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.No.16389 of 2021 1.R.Pankajam 2.R.Nithiyananthan 3.R.Tamil Selvi ....
Petitioners Vs
1. The Land Commissioner (Land Reforms), Chepauk, Chennai-600 005.
2. The Director, Chepauk, Chennai-600 005.
3. The Revenue Divisional Officer, Dharmapuri.
....
Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 3rd respondent to publish the notification under Section 18(1) of the Tamil Nadu Act 58 of 1961 as amended by Act 17 of 1970, pursuant to his notification issued under Sections 12 and 14 of the said Act in the TNGG dt 02.05.2018. For Petitioners : Mr.A.Sivaji For Respondents : Mr.A.Selvendran Government Advocate.
O R D E R
This Writ Petition has been filed for issuance of writ of mandamus, direction directing the 3rd respondent to publish the notification under Section 18(1) of the Tamil Nadu Act 58 of 1961 as amended by Act 17 of 1970, pursuant to his notification issued under Sections 12 and 14 of the said Act in the TNGG, dated 02.05.2018.
2. Heard, Mr.A.Sivaji, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Government Advocate appearing for the respondents.
3. A perusal of the letter dated 06.04.2017 issued by the third respondent reveals that the land comprised in survey Nos.727/1 and 727/2 sub-divided in favour of one Madhu and Subramani. The excess land in both the survey numbers have been sub-divided and had sent to the Commissioner of Land Reforms to be published in the Government Gazette as required under Section 18(1) notification as per the TNLR (FCL) Act 58 of 1961 as amended by the Act 17 of 1970. On receipt of the same, the Director of Land Reforms, Chennai, by a letter dated 29.09.2021 modification to notification under Section 18(1) of the Act received from the third respondent had been perused and corrections have been made wherever necessary. The proposal to modification to notification under Section 18(1) of the Act related to the land owner has been sent for publishing in the Tamil Nadu Government Gazette and it is pending before the Government.
4. The first respondent by the communication dated 15.09.2021 informed to the Principal Secretary to Government, Revenue and Disaster Management, that the modification to notification received from the third respondent has been perused and the corrections have been made wherever necessary. The modification to notification under Section 18(1) of the Act related to the subject property has been sent to be published in the Tamil Nadu Government Gazette.
5. Considering the above, the Principal Secretary to Government, Revenue and Disaster Management, Secretariat, Chennai is directed to publish the notification as contemplated under Section 18(1) of the Act in the Tamil Nadu Government Gazette within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar
Lpp To
1. The Land Commissioner (Land Reforms), Chepauk, Chennai-600 005.
2. The Director, Chepauk, Chennai-600 005.
3. The Revenue Divisional Officer, Dharmapuri.
Copy to :
The Principal Secretary to Government, Revenue and Disaster Management, Secretariat, Chennai +1cc to the Government Pleader, SR.No.57872 W.P.No.16389 of 2021 PA(CO) CB(15/12/2021)