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Madras High CourtWP/15764/2022disposed of

R.Venkatesh v. The Commissioner Of Land Administrtion

2022-06-23Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.15764 of 2022 R.Venkatesh ... Petitioner Vs.

1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Revenue Officer, District Revenue Office, Krishnagiri District, Krishnagiri - 635 115.

3. The Revenue Divisional Officer, Revenue Division Office, Hosur - 635 109, Krishnagiri District.

4. The Tahsildar, Shoolagiri Taluk, Shoolagiri - 635 117, Krishnagiri District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent herein to consider and pass orders on the petitioner's representation 22.03.2022 following his earlier representation dated 13.07.2019 for rectification of the mistakes crept in the Revenue Records as 'Anadheenam' in respect of lands comprised in Survey No.380/1 to an extent of 4.47 Acres, situated in Thoripalli Village, Shoolagiri Taluk, Krishnagiri District, within the time to be stipulated by this Court.

For Petitioner :

Mr.R.Bharath Kumar For Respondents :

Mr.R.P.Murugan Raja, R1 to R4 Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 2nd respondent herein to consider and pass orders on the petitioner's representation dated 22.03.2022, following his earlier representation dated 13.07.2019 for rectification of the mistakes crept in the Revenue Records as 'Anadheenam' in respect of the lands comprised in Survey No.380/1 of an extent of 4.47 Acres, situated in Thoripalli Village, Shoolagiri Taluk, Krishnagiri District, within the time to be stipulated by this Court.

2. The case of the petitioner is that he is the owner of the aforesaid property and he is in possession of the same. While so, the said land has been classified as 'Anadheenam' land, without conducting any enquiry as contemplated under law. Therefore, the petitioner made representations dated 13.07.2019 and 22.03.2022 before the respondents to rectify the erroneous classification of land as 'Anadheenam' land in respect of the said property. However, till date, no order has been passed by the respondents. Hence, the petitioner has filed the present Writ Petition.

3. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider and pass orders on the petitioner's representations for rectification in the Revenue Records as 'Anadheenam' in respect of the said property, within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for the said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representations dated 13.07.2019 and 22.03.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sp/anu To

1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Revenue Officer, District Revenue Office, Krishnagiri District, Krishnagiri - 635 115.

3. The Revenue Divisional Officer, Revenue Division Office, Hosur - 635 109, Krishnagiri District.

4. The Tahsildar, Shoolagiri Taluk, Shoolagiri - 635 117, Krishnagiri District.

+1cc to Mr.M.R.Bharath Kumar, Advocate, S.R.No.39917 +1cc to the Government Pleader, S.R.No.39316 W.P.No.15764 of 2022 SKM(CO) UMA(18/07/2022)