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Madras High CourtWP/12941/2018disposed of

Ammasaiyappagounder @ v. The District Collector,

2019-04-26Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12941 of 2018 and W.M.P.No.15202 of 2018 Ammasaiyappagounder @ Ammasaigounder

...Petitioner

Vs.

1. The District Collector, Tiruppur District.

2. The District Revenue Officer, Tiruppur, District Collector Office, Tiruppur.

3. The Tahasildar, Kangayam Taluk,Tiruppur District.

4. The Assistant Director, District Land Survey and Records, Tiruppur, Tiruppur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 01.05.2018 in view of the proceedings of the 2nd respondent in Na.Ka.7377/2018/J1 dated 09.05.2018 for removing the erroneous classification of petitioner's patta land as Parai Poromboke in S.F.No.7/B New S.F.No.330 of Ganapathipalayam Village, Kangayam Taluk, Tiruppur District and restore the Original Classification as patta land as it existed earlier.

For Petitioner :

Mr.D.Gopal For Respondents :

Mr.R.Govindasamy Special Government Pleader O R D E R The petitioner seeks for a Mandamus directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 01.05.2018 in view of the proceedings of the 2nd respondent in Na.Ka.7377/2018/J1 dated 09.05.2018 for https://hcservices.ecourts.gov.in/hcservices/

removing the erroneous classification of petitioner's patta land as Parai Poromboke in S.F.No.7/B New S.F.No.330 of Ganapathipalayam Village, Kangayam Taluk, Tiruppur District and restore the Original Classification as patta land as it existed earlier.

2. According to the petitioner, the subject matter land was erroneously classified as Parai Poromboke whereas the same is a private patta land.

3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the 2nd respondent to consider and decide. Accordingly, this Writ Petition is disposed of by directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 01.05.2018 on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and other interested parties, if any. Such exercise shall be done by the 2nd respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To

1. The District Collector, Tiruppur District.

2. The District Revenue Officer, Tiruppur, District Collector Office, Tiruppur.

3. The Tahasildar, Kangayam Taluk, Tiruppur District.

4. The Assistant Director, District Land Survey and Records, Tiruppur, Tiruppur District.

+1 CC to Mr.D.GOPAL, Advocate SR.NO.40729 +1 CC to Government Pleader Advocate SR.NO.41209 W.P.No.12941 of 2018 CO(SVI) VC (12/06/2019) https://hcservices.ecourts.gov.in/hcservices/