← Library
Madras High CourtWP/16675/2017disposed of

A.Nagarajan v. The Tahasildar

2017-08-21Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.16675 of 2017

1. A.Nagarajan

2. A.Ganesan

3. P.Senthilkumar

4. Vedathal

5. A.S.Srinivasan ... Petitioners Vs.

1. The Tahsildar Taluk Office, Omalur, Omalur Taluk, Salem District.

2. The Special Tahsildar, (Land Acquisition) Neighbourhood Scheme, Iyyanthirumaligai, Salem 8 ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 1st respondent to change the Revenue Records viz., Patta, Chitta, Adangal etc., in favour of the petitioners in respect of land in Survey No.68/3B to an extent of 0.98.5 Hecs. at Kottagoundampatti Village, Omalur Taluk without insisting No Objection Certificate from the 2nd respondent as per the liberty granted in W.P.No.20806 of 2014 dated 11.08.2016. For Petitioner : Mr.M.Elango For Respondents : Mr.S.V.Doraisolaimalai, AGP

O R D E R

Heard the learned counsel for the petitioner and Mr.S.V.Doraisolaimalai, learned Additional Government Pleader for the respondents.

2. The petitioners have filed the above Writ Petition to issue a writ of mandamus directing the 1st respondent to change the Revenue Records viz., Patta, Chitta, Adangal etc., in their favour, in respect of land in Survey No.68/3B, measuring an extent of 0.98.5 Hectares at Kottagoundampatti Village, Omalur Taluk, without insisting for No Objection Certificate from the 2nd respondent, as per the liberty granted in W.P.No.20806 of 2014 dated 11.08.2016.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the petitioners submitted that the acquisition proceedings initiated against the petitioners was quashed and the same was also confirmed by the Honourable Supreme Court in Civil Appeal Nos. 5905-5906 of 2015 dated 25.04.2017. The learned counsel further submitted that this Court, in W.P.No.20806 of 2014, by order dated 11.08.2016, gave liberty to the petitioners to seek their reliefs, if any, after the disposal Special Leave Petition.

4. Mr.S.V.Doraisolaimalai, learned Additional Government Pleader, appearing for the respondents also submitted that the Special Leave Petition, which was pending before the Hon'ble Apex Court was also dismissed on 25.04.2017 and therefore, there is no impediment for the respondents to change the name in the revenue records, as prayed for by the petitioners.

5. In view of the submissions made by the learned counsel on either side, I direct the 1st respondent to change the revenue records viz., Patta, Chitta, Adangal etc., in their favour, in respect of land in Survey No.68/3B measuring an extent of 0.98.5 Hectares at Kottagoundampatti Village, Omalur Taluk, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rg To

1. The Tahsildar Taluk Office, Omalur, Omalur Taluk, Salem District.

2. The Special Tahsildar, (Land Acquisition) Neighbourhood Scheme, Iyyanthirumaligai, Salem 8 +1cc to Mr.M.Elango, Advocate, S.R.No.

+1cc to the Special Government Pleader, S.R.No.60213 W.P.No.16675 of 2017 https://hcservices.ecourts.gov.in/hcservices/ GN(04/09/2017)