Mr. M.R.Baskaran, v. The Special Commissioner And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.9478 of 2014 and MP.No.1 of 2014 1.M.R.Baskaran 2.G.Indira 3.B.Bharathi 4.B.Babu 5.B.Rohini 6.R.Annapoorani
...Petitioners
Vs
1. The Special Commissioner and Commissioner for Land Administration, Elilagam, Chepauk, Chennai-6
2. The District Collector, Office of District Collectorate, Tiruvannamalai District
3. The Revenue Divisional Officer, Office of District Collectorate, Tiruvannamalai District
4. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District
...Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the third and fourth respondents to take appropriate action for resumption and re-assignment of land in T.S.No.1826/2A, measuring 1.57 acres and T.S.No.1826/2B, measuring an extent of 0.95 acre and T.S.No.1826/2C, measuring 1.67 acres and T.S.No.1826/2A1A, measuring an extent of 0.52 acres and T.S.No.1826/2A1B, measuring an extent of 0.53 acres and T.S.No.1826/2A2, measuring an extent of 0.51 acres in Tiruvannamalai Town and Taluk, Ward No.4, Block No.32 based on the petitioner's representation dated 23.01.2014 and as per the direction of the second respondent dated 05.02.2014 and within the time frame fixed by this Court.
For Petitioners : Mr.S.Arokia Maniraj For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader
ORDER
The petitioners have filed this writ petition for direction directing the third and fourth respondents to take appropriate action for resumption and re-assignment of land in T.S.No.1826/2A, measuring 1.57 acres and T.S.No.1826/2B, measuring an extent of 0.95 acre and T.S.No.1826/2C, measuring 1.67 acres and T.S.No.1826/2A1A, measuring an extent of 0.52 acres and T.S.No.1826/2A1B, measuring an extent of 0.53 acres and T.S.No.1826/2A2, measuring an extent of 0.51 acres in Tiruvannamalai Town and Taluk, Ward No.4, Block No.32.
2. In this regard, the petitioners submitted representation on 23.01.2014 as per the direction issued by the second respondent dated 05.02.2014. After lapse of seven years, it is not appropriate to direct the second respondent to consider the representation dated 23.01.2014 for the reason that the said representation may not be available with the records. That apart, the petitioners restricted the claim in respect of the property comprised in T.S.No.1826/2A alone admeasuring 1.56 acres situated at Tiruvannamalai for resumption and reassignment.
3. Considering the above, the petitioners are directed to make a fresh representation to the second respondent within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the second respondent is directed to conduct enquiry and, after giving opportunity of hearing to the petitioners, pass orders on merits and in accordance with law.
4. With the above directions, this writ petition is disposed of. In view of the above order, the implead petition in MP.No.1 of 2014 in WP.No.9478 of 2014 is dismissed. No order as to costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar
lok To
1. The Special Commissioner and Commissioner for Land Administration, Elilagam, Chepauk, Chennai-6.
2. The District Collector, Office of District Collectorate, Tiruvannamalai District.
3. The Revenue Divisional Officer, Office of District Collectorate, Tiruvannamalai District.
4. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District.
+1cc to Mr.S.Arokia Maniraj, Advocate, S.R.No.61391 +1cc to Mr.V.Prakashbabu, Advocate, S.R.No.61509 +1cc to the Government Pleader, S.R.No.61230 WP.No.9478 of 2014 SJ[co] NSK 10/12/2021