S.Kathirvelu v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.24377 of 2022 & W.M.P.Nos.23380, 23381 and 23383 of 2022 S.Kathirvelu ... Petitioner Vs.
1. The Principal Secretary to Government, Revenue Administration, Disaster Management, Secretariat, Fort St. George, Chennai - 600 009
2. The Commissioner of Land Administration, Commissionerate of Land Administration, Chepauk, Chennai
3. The Commissioner of Land Reforms Commissionerate of Land Reforms Chepauk, Chennai
4. The Commissioner of Survey & Settlement Commissionerate of Survey and Settlement Chepauk, Chennai
5. The District Collector,
6. The District Revenue Officer,
7. The Revenue Divisional Officer, 1/6
8. The Tahsildar, Chengam Taluk,
9. The Revenue Inspector, Chengam Taluk,
10. The Village Administrative Officer Japthikarianthangal Vilalge, Chengam Taluk, ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order in Na.Ka.No.AA2/5818/2022 dated 22.04.2022 passed by the 6th respondent and quash the same and consequently direct the respondents to issue no objection certificate to the petitioner in order to alienate the property comprising in S.No.66/3A measuring Acre 3.96 cent in patta no.1094 situated at No.145 Oravanthavadi Village, Chengam Taluk, Thiruvannamalai District.
For Petitioner : Mr.S.Kathirvelu - Party-in-person For Respondents : Mr.J.Ravindran, Additional Advocate General Assisted by Mr.R.V.Dinesh Rajkumar Additional Government Pleader 2/6
O R D E R
The present Writ Petition has been filed for an issuance of Writ of Certiorarified Mandamus to call for the records of the impugned order in Na.Ka.No.AA2/5818/2022 dated 22.04.2022 passed by the 6th respondent and quash the same and consequently direct the respondents to issue no objection certificate to the petitioner in order to alienate the property comprising in S.No.66/3A measuring Acre 3.96 cent in patta no.1094 situated at No.145 Oravanthavadi Village, Chengam Taluk, Thiruvannamalai District.
2. Heard the petitioner - party-in-person and the learned Additional Government Pleader appearing for the respondents and perused the documents placed on record and the original records as well.
3. The petitioner, who appeared in-person would submit that the land was assigned to his father, who had worked as Jawan in the defence on the ground Ex-service man and the impugned order passed by the 6th respondent indicating the said land as Depressed Class Land, is illegal, 3/6
therefore, the impugned order is liable to be quashed.
4. The learned Additional Government Pleader appearing for the respondents would submit that the land was classified as 'Depressed Class Land' and therefore, it cannot be assigned to any other person other than 'Depressed Class Person'. Further, by placing the original records before this Court, the learned Additional Government Pleader appearing for the respondents would also submit that the entries with regard to the assignment of the petitioner is not a genuine one.
5. Considering the above said circumstances and taking note of the submission of the learned Additional Government Pleader appearing for the respondents, the petitioner is not entitled for the relief sought for in the present Writ petition. Accordingly, the present Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 29.01.2024 Index: Yes/ No Internet: Yes/ No Speaking Order/ Non Speaking Order ssd To 4/6
1. The Principal Secretary to Government, Revenue Administration, Disaster Management, Secretariat, Fort St. George, Chennai - 600 009
2. The Commissioner of Land Administration, Commissionerate of Land Administration, Chepauk, Chennai
3. The Commissioner of Land Reforms Commissionerate of Land Reforms Chepauk, Chennai
4. The Commissioner of Survey & Settlement Commissionerate of Survey and Settlement Chepauk, Chennai
5. The District Collector,
6. The District Revenue Officer,
7. The Revenue Divisional Officer,
8. The Tahsildar, Chengam Taluk,
9. The Revenue Inspector, Chengam Taluk,
10. The Village Administrative Officer Japthikarianthangal Vilalge, Chengam Taluk, 5/6
P.VELMURUGAN,J.
ssd W.P.No.24377 of 2022 & W.M.P.Nos.23380, 23381 and 23383 of 2022 29.01.2024 6/6