M/S.Casa Grande Grace Private Limited v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s.Casa Grande Grace Private Limited, Rep. by its Authorised Signatory Bhavani Gopan NPL Devi, New No.111, Old No.59, 5th floor, L.B.Road, Thiruvanmiyur, Chennai - 600 041.
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Petitioner versus 1.The Secretary to the Government, Revenue Department, Government of Tamil Nadu, Fort St George, Secretariat, Chennai - 600 009.
2.The Commissioner of Land Administration, Office of the Commissionerate of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the Appeal dated 27.04.2021 and its following additional representations dated 24.08.2022 and 03.04.2024 and pass necessary orders 1/6
for restoring the Patta number 3424 issued by the Tahsildar of Tiruporur in the name of the Petitioner Company unblocking the same online, in accordance with law after providing necessary opportunity of hearing to the Petitioner.
For Petitioner :
Mr.M.S.Krishnan Senior Counsel for Mr.Ganesh For Respondents :
Mr.P.Kumaresan Additional Advocate General Asst. by Mr.A.Selvendran Special Government Pleader
O R D E R
By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.
2.
This Writ Petition is filed to direct the second respondent to dispose of the appeal filed by the petitioner dated 27.04.2021. 3.
Heard the learned Senior Counsel for the petitioner and the learned Additional Advocate General for the respondents and perused the materials available on record.
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4.
It is the case of the petitioner that, based on the orders passed by the Government, the second respondent has blocked the entire survey numbers stating that the lands have been classified as anadheenam. In this regard, an order has been passed in Rc.K1/26136/2019 dated 11.12.2019 wherein it is indicated that based on appeals, if any, received from the affected persons, enquiry will be conducted and appropriate orders will be issued for releasing the 'blocking of transactions' later, if necessary. The grievance of the petitioner is that they gave representations dated 27.04.2021, 24.08.2022 and 03.04.2024. However, the same have not been considered and seeks a direction.
5.
The learned Additional Advocate General for the respondents submitted that, as against the order of the First Bench, the matter is pending before the Hon'ble Supreme Court. Therefore, at this stage, it may not be possible to consider the appeal of the petitioner. 6.
It is seen that this issue is no way connected with the matter which is pending before the Hon'ble Supreme Court. It is only seeking relief to consider the representation. Even the respondents affirm that these 3/6
lands are classified as anadheenam, they will have to make a decision in this regard.
7.
In such view of the matter, the second respondent is directed to consider the appeal filed by the petitioner dated 27.04.2021 and pass appropriate orders, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. 8.
With the above direction, this Writ Petition is disposed of. No costs.
25.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6
To 1.The Secretary to the Government, Revenue Department, Government of Tamil Nadu, Fort St George, Secretariat, Chennai - 600 009.
2.The Commissioner of Land Administration, Office of the Commissionerate of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
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N.SATHISH KUMAR , J.
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