R.Krishnamoorthy v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2018
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No. 32465 of 2013 R.Krishnamoorthy
...Petitioner
Versus
1.The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2.The Assistant Settlement Officer, Salem District, Salem.
3.The District Collector, Salem District, Salem.
4.The District Revenue Officer, Salem District, District Collectorate, Salem.
... Respondents Prayer : The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the 4th respondent to consider the representation of the petitioner dated 28.08.2013 and pass an appropriate order thereon within such time frame.
For Petitioner : Mr.K.Surendar For Respondents : Mr.N.Inbanathan Additional Government Pleader
O R D E R
The Prayer in this writ petition is to direct the 4th respondent to consider the representation of the petitioner dated 28.08.2013 and pass appropriate order within a time frame.
2. The case of the petitioner is that he is the absolute owner of the land to an extent of 4.76 acres in Survey No.107 of Iveli Village and another to an extent of 5.30 acres in Survey
No.301/4 of Sangagiri Village, vide sale deed, dated 10.02.2012, registered as Document No.770 of 2012. Ryotwari patta was issued infavour of the predecessor of the petitioner, dated 12.01.1951. However, it was cancelled by the second respondent.
3. According to the petitioner, the cancellation of the Ryotwari patta was set aside by the Commissioner of Land Administration and it was also confirmed by this Court in W.P.No.35039 of 2012. Despite the same, the Revenue Records were not updated. Hence, the writ petitioner gave a representation on 28.08.2013. Since, no order has been passed, the present writ petition.
4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials available on record.
5. The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner was forward by the 3rd respondent to the 4th respondent for necessary action and it is now pending with the 4th respondent and he is ready to pass appropriate orders.
6. In the light of the above submission and facts of this case, this Court, without going into the merits of this case, directs the 4th respondent to pass appropriate orders on the representation of the petitioner, dated 28.08.2013, on merits and in accordance with law, after providing an opportunity to the necessary parties, within a period of eight weeks from the date of receipt of copy of this order.
7. With the above observation and directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar msrm To 1.The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2.The Assistant Settlement Officer, Salem District, Salem.
3.The District Collector, Salem District, Salem.
4.The District Revenue Officer, Salem District, District Collectorate, Salem.
+1 cc to Mr.K.Surendar Advocate sr 11044 W.P.No.32465 of 2013 aa22/02/2018