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Madras High CourtWP/17731/2020disposed of

D.Karunakaran v. The Inspector General Of Registration

2021-06-15Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 17731 of 2020 D.Karunakaran, S/o. Late Dhanapal

...Petitioner

Versus

1. The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai-600 028.

2. The District Registrar (Administration), O/o. The District Registrar, Vellore Fort, Vellore-632 004.

3. The Sub-Registrar, O/o. The Sub-Registrar - Pernampattu, Pernambut, Vellore Dt.-635 810.

4. The Tahsildar, Vellore District.

...Respondents

(R4-SUO-Motu impleaded vide order Dated 10/02/2021 made in W.P.No.17731 of 2020 by NSSJ) PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to dispose of the petitioner's representation dated 12.10.2020 to rectify the defects in classification of Survey No.120/2 to an extent of 3.54 acres, 1.43.50 hectares situated at Koththamari Kuppam Village of Pernambut Taluk, Vellore District and restore the status of Agriculture land in lights of the order passed by 2nd respondent in Ref.No. Mu.Mu.379/A2/2020 dated 14.09.2020. For Petitioner : Mr.K.Balaji For Respondents : Mr.Yogesh Kannadasan, Govt. Advocate

ORDER

(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the respondents to dispose the petitioner's representation seeking to rectify the defects in classification of Survey No.120/2, at Koththamari Kuppam Village, Pernambut Taluk, Vellore District, and restore the status of agriculture land in the light of the order passed by the 2nd respondent dated 14.09.2020.

2. The grievance of the petitioner is that, he is the owner of agricultural land in Survey No.120/2 to an extent of 3.54 acres situated at Koththamari Kuppam Village, Pernambut Taluk, Vellore District. Thereafter, without his knowledge, the land has been reclassified as house site and the guideline value has been fixed at the rate of Rs.54 per sq.ft. Hence, he has made a representation to the respondents to restore the original classification of his land as an agricultural land. Earlier, considering the petitioner's representation, the 2nd respondent District Registrar by proceedings dated 14.09.

2020 informed the petitioner that, the reclassification will be done only after considering the earlier guideline value, also consent from the District Level Committee, and thereafter, after obtaining necessary permission from the 1st respondent Inspector General of Registration. Subsequently, no proceedings has been issued. Hence, the petitioner has made a representation on 12.10.2020 to the respondents. But, so far, it was not considered and no order has been passed on it. Therefore, the present Writ Petition has been filed by the petitioner.

3. I have heard and considered the submissions made by learned counsel for petitioner as well as learned Government Advocate appearing for respondents and perused the records.

4. Considering the limited prayer sought in the Writ Petition, and also considering the earlier proceedings of the 2nd respondent District Registrar, Vellore dated 14.09.2020, the respondents are directed to consider the representation and pass suitable orders on merits in accordance with law after hearing the petitioner within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpp

To

1. The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai-600 028.

2. The District Registrar (Administration), O/o. The District Registrar, Vellore Fort, Vellore-632 004.

3. The Sub-Registrar, O/o. The Sub-Registrar - Pernampattu, Pernambut, Vellore Dt.-635 810.

4. The Tahsildar, Vellore District.

+2ccs to Mr.K.Balaji, Advocate, S.R.No.27852 and 28338 +1cc to the Government Pleader, S.R.No.28235 W.P.No. 17731 of 2020 PL(CO) RGA(19/07/2021)