Madras High CourtWP/16642/2017disposed of

R.Shanthi, v. The Commissioner/ Principle

2017-07-03Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.16642 of 2017 R.Shanthi

...Petitioner

1 The Commissioner/ Principle Secretary Land Survey and Records Department Survey House Chepauk Chennai 600 005 2 The Assistant Director District Land Survey and Records Department 209, 2nd Floor, Salem Salem District.

3 The Special Tahsildar Town Natham Land Tax Scheme Taluk Office Campus Mettur Dam-1, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 2nd respondent to delete the wrong entry, viz., wary poramboke in column 19 of Town Survey Register in respect of land in Ward-B, Block 9- 42/39-7-42 extent of 0.04373.0 sq.mt. at Mettur Town & Taluk and make re-entry in the said column as Natham land by considering the petitioners representation dated 23.04.2017. For Petitioner : Mr.M.Elango For Respondents : Mr.R.Rajeswaran Special Govt. Pleader

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the 2nd respondent to delete the wrong entry, viz., wary poramboke in column 19

of Town Survey Register in respect of land in Ward-B, Block 9-42/39-7-42, measuring an extent of 0.04373.0 sq.mt. at Mettur Town and Taluk and make re-entry in the said column as Natham land by considering her representation dated 23.04.2017.

2. The learned counsel appearing for the petitioner submitted that in spite of the petitioner's representation dated 23.04.2017, to delete the wrong entry, the second respondent has not considered the same yet.

3. Mr.R.Rajeswaran, learned Special Government Pleader taking notice for the respondents submitted that the second respondent may be directed to consider and pass orders on the petitioner's representation, in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the second respondent to consider the petitioner's representation dated 23.04.2017 and pass orders, on merits and in accordance with law, after giving notice to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

With this observation, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar Rj To 1 The Commissioner/ Principle Secretary Land Survey and Records Department Survey House Chepauk Chennai 600 005

2 The Assistant Director District Land Survey and Records Department 209, 2nd Floor, Salem Salem District.

3 The Special Tahsildar Town Natham Land Tax Scheme Taluk Office Campus Mettur Dam-1, Salem District.

+1cc to M/s.M.Elango,Advocate sr.46351 +1cc to Government Pleader sr.46281 W.P.No.16642 of 2017 cp(co) ss(17/7/2017)