Kaliaperumal, v. Govt. Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2015 Coram:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No. 16222 of 2013 and M.P.Nos.1 & 2 of 2013 KALIAPERUMAL [ PETITIONER ] Vs 1 GOVT. OF TAMIL NADU REP. BY THE SECRETARY REVENUE DEPARTMENT FORT ST. GEORGE CHENNAI.
2 THE DISTRICT COLLECTOR NAGAPATTINAM.
3 THE REVENUE DIVISIONAL OFFICER MAYILADUTURAI NAGAPATTINAM DISTRICT.
4 THE JOINT COMMISSIONER (AUTHORISED OFFICER) LAND REFORMS MAYILADUTURAI NAGAPATTINAM DISTRICT.
5 THE TAHSILDAR MAYILADUTURAI NAGAPATTINAM DISTRICT.
6 SHANKAR [ RESPONDENTS ] PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of certiorarified mandamus calling for records of 5th respondent in his proceedings 180/07-79 dated 15.3.2007 and quash the same and consequently direct him to make necessary changes in the revenue records by including the name of petitioner in relation to wet land in Survey Number 573-3 in Anandathandavapuram Village Mayiladuturai Taluk Nagapattinam District.
For Petitioner : Mr.R.Sivakumar for M/s K.M.Vijayan Associates For Respondents : Mr.R.Vijayakumar, AGP (R1-5) Mr.K.Balu - Ror R.6.
O R D E R
Heard Mr.R.Sivakumar, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for respondents 1 to 5.
2.
The petitioner seeks for issuance of certiorarified mandamus to quash the order passed by the 5th respondent dated 15.03.2007 and to direct him to change the revenue records in the name of the petitioner in respect of lands in Survey Number 573-3, in Anandathandavapuram Village, Mayiladuturai Taluk, Nagapattinam District.
3. According to the petitioner, he has been allotted the land in question since he was an Ex-service man. However, subsequently, the same land has been allotted to the 6th respondent stating that he is a landless poor.
4. In this regard, a complaint was given by the petitioner on 25.03.2013 to the District Collector, Nagapattinam, who has forwarded the same to the 3rd respondent by proceedings in Na.Ka,No.8586/2013/c4 dated 05.04.2013, requesting him to conduct an enquiry and submit a report. Till date no action has been taken.
5. Therefore, there will be a direction to the 3rd respondent to conduct an enquiry in the matter as directed by the District Collector in the proceedings cited supra and submit a report to the District Collector, within a period of six weeks from the date of receipt of a copy of this order, after hearing the petitioner as well as the 6th respondent.
The Writ Petition is disposed of accordingly. No costs. Connected miscellaneous petitions are closed. Sd/- Asst. Registrar.
/true copy/ Sub Asst. Registrar.
rg
To 1 THE SECRETARY TO GOVERNMENT OF TAMIL NADU, REVENUE DEPARTMENT FORT ST. GEORGE CHENNAI.
2 THE DISTRICT COLLECTOR NAGAPATTINAM.
3 THE REVENUE DIVISIONAL OFFICER MAYILADUTURAI NAGAPATTINAM DISTRICT.
4 THE JOINT COMMISSIONER (AUTHORISED OFFICER) LAND REFORMS MAYILADUTURAI NAGAPATTINAM DISTRICT.
5 THE TAHSILDAR MAYILADUTURAI NAGAPATTINAM DISTRICT.
1 CC To M/s.K.M.Vijayan Associates, Advocate SR NO.5010 1 CC To M/s.K.Balu, Advocate SR NO.4929 1 CC to the Government Pleader SR NO 5309 W.P.No. 16222 of 2013 gr[co] gp/16.2.2015.