Dhanalakshmi v. The Commissioner Of Land Administration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Dhanalakshmi ... Petitioner Vs.
1.The Commissioner of Land Administration, Chepauk, Chennai-600 005.
2.The District Collector, Collectorate Office, Salem.
3.Revenue Divisional Officer, Attur, Salem.
4.The Thasildar, Thalaivasal Taluk, Salem.
5.Sathya Raj 6.Kanthasamy
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to dispose of the interim application in statutory appeal filed by the petitioner on 24.06.2025 challenging the order passed by the second respondent in Pa.Mu.E.3238664/2025/G1 dated 10.06.2025 and consequently forebear the respondents from interfering with the petitioner's right to the property situated at Survey No.88/1B measuring an extent of 0.28.50 hectare situated in Veppantham Village, Talaivasal Taluk, Salem District or with possession or by mutating the revenue records till the disposal of the appeal pending on the file of the first respondent and pass orders.
For Petitioner(s) : Mr.D.Vasanth For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1 to R4
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.5 and 6 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the first respondent to dispose of the interim application in statutory 2/6
appeal filed by the petitioner on 24.06.2025, challenging the order passed by the second respondent in Pa.Mu.E.3238664/2025/G1 dated 10.06.2025 and consequently forebear the respondents from interfering with the petitioner's right to the property comprised in Survey No.88/1B measuring an extent of 0.28.50 hectare situated in Veppantham Village, Talaivasal Taluk, Salem District or with possession or by mutating the revenue records till the disposal of the appeal pending on the file of the first respondent.
3. It is submitted by the learned counsel for the petitioner that the second respondent had assigned the subject property to the petitioner under the Distribution of Land to the Landless Poor Agricultural Families Scheme, 2006 vide Order No.Am/240/1417 dated 29.12.2007. Ever since the date of assignment, the petitioner has been doing cultivation in the subject property. While so, the second respondent passed an order in Pa.Mu.E.3238664/2025/G1 dated 10.06.2025 canceling the said assignment. Aggrieved by the same, the petitioner has filed an appeal before the first respondent along with a stay application on 24.06.2025. However, the said appeal was not considered so far. Aggrieved by the same, the petitioner has come before this Court. 3/6
4. At the outset, it was submitted by the learned Special Government Pleader for respondents that the stay application dated 24.06.2025 filed by the petitioner would be considered and disposed of, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. It is submitted by the learned counsel for the petitioner that till the disposal of the said stay application, the respondents may keep all further proceedings in abeyance, which was agreed to by the learned Special Government Pleader for respondents 1 to 4.
6. In view thereof, there shall be a direction to the first respondent to consider the stay application dated 24.06.2025 filed by the petitioner on merits and dispose of the same, in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondent Nos.5 and 6 and any other interested persons, within a period of one week from today. Till then, the first respondent shall keep all further proceedings in abeyance. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.
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7. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
08.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
1.The Commissioner of Land Administration, Chepauk, Chennai-600 005.
2.The District Collector, Collectorate Office, Salem.
3.Revenue Divisional Officer, Attur, Salem.
4.The Thasildar, Thalaivasal Taluk, Salem.
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MOHAMMED SHAFFIQ, J.
mrn 08.07.2025 6/6