V.Jagan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR V.Jagan ...
Petitioner versus 1.The District Collector, Kancheepuram, Kancheepuram District.
2.The District Revenue Officer, Kancheepuram, Kancheepuram District.
3.The Revenue Divisional Officer, Kancheepuram, Kancheepuram District.
4.The Tahsildar, Walajabad, Kancheepuram, Kancheepuram District.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to remove the entry in the revenue records as "Government Land" to the landed property situated in Survey No.658/2, measuring to an extent of Acre 2.26 1/6
cents at No.92, Uthukadu Village, Walajabad Taluk, Kancheepuram District and transfer the revenue records in the name of the petitioner by conduct an enquiry on the basis of the written representation made by the petitioner on 14.11.2022.
For Petitioner :
M/s.R.Hemalatha For Respondents :
Mr.A.Selvendran Special Government Pleader
O R D E R
By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.
2.
This Writ Petition is filed to direct the respondents to remove the entry in the revenue records as "Government Land" to the property in Survey No.658/2, measuring to an extent of Acre 2.26 cents situated at No.92, Uthukadu Village, Walajabad Taluk, Kancheepuram District and transfer the revenue records in the name of the petitioner by conducting an enquiry on the basis of the written representation made by the petitioner dated 14.11.2022.
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3.
Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents and perused the materials available on record.
4.
It is the case of the petitioner that the property was originally purchased by the petitioner's grandfather by way of a registered Sale Deed dated 27.06.1949. After his death, the children, namely Varadan, Krishnaveni, Venkatesan and Kanniga, as his legal heirs to succeed all his interest in the property. One of the co-owners, R.Varadan, sold the property in favour of the petitioner's father on 02.04.2007. That apart, all the legal heirs also partitioned the property by way of Partition Deed in Document No.1617 of 2009 on 06.04.2009. However, the person claims to be the power agent of one late Krishnaraj, Parameshwari and T.Selvam has sold some portion of land to Merdow Agro Farms Pvt. Ltd., on 08.02.1995. The petitioner also filed a suit for declaration and consequential injunction and the same has been decreed in his favour. Thereafter, the petitioner's father has executed Settlement Deed in favour of the petitioner on 29.11.2017. The petitioner has given representation to remove the classification shown as Government land. On the basis of the said representation, the second 3/6
respondent has also directed the fourth respondent to conduct an enquiry and submit his report on 20.02.2023. However, no orders have been passed so far. Hence, he seeks a direction.
5.
The learned Special Government Pleader for the respondents submitted that the enquiry has also commenced and the orders will be passed on the basis of the documents produced by the petitioner and all other relevant materials.
6.
In such view of the matter, the respondents are directed to complete the enquiry and pass appropriate orders, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
7.
With the above direction, this Writ Petition is disposed of. No costs.
29.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6
To 1.The District Collector, Kancheepuram, Kancheepuram District.
2.The District Revenue Officer, Kancheepuram, Kancheepuram District.
3.The Revenue Divisional Officer, Kancheepuram, Kancheepuram District.
4.The Tahsildar, Walajabad, Kancheepuram, Kancheepuram District.
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N.SATHISH KUMAR , J.
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