P.Raajendra Raaja v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23579 of 2024 P.Raajendra Raaja
...Petitioner
Vs.
1.The Commissioner of Land Administration Ehzilagam Chepauk Chennai 600 005.
2.The Settlement Officer Commissioner of Survey and Settlement Chepauk Railway St., PWD Estate Chepauk, Triplicane, Chennai 600 005.
3.The Tahsildar Avadi Tiruvallur District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to notify and introduce Ryotwari settlement in respect of the land admeauring to an extent of Ac 3.53 cents comprised in S.No.490, siutated at Morai Village, Avadi Taluk, 1/6
Tiruvallur District under the provisions of Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act 30/63 within the time fixed by this Court. For Petitioner : Mr.P.Rajendra Raaja For Respondents : Mr.P.Sathish for R1 to R3 Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the respondents to notify and introduce Ryotwari settlement in respect of the land admeasuring to an extent of Ac 3.53 cents comprised in S.No..490 situated at Morai Vilage, Avadi Taluk, Tiruvallur District under the Provisions of Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act, 30/63, within a time frame fixed by this Court.
2. According to the petitioner, the above mentioned land was originally notified under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act 26/1948. The Settlement Thasildar, Chengalpattu-II conducted an enquiry and found the above mentioned property was a Minor Inam and therefore, did not fall under the purview of Act XXVI of 1948 and accordingly, further action were dropped. An other to the said effect was passed 2/6
by Settlement Officer, Chengalpattu-II by order dated 23.07.1976.
3. It is the case of the petitioner that, thereafter no steps have been taken by the respondent to notify the above lands under the provisions of Minor Inam Abolition Act for initiating settlement proceedings. Therefore, the petitioner submitted a representation to the first respondent on 28.05.2024 requesting him to notify the above mentioned land under the provisions of Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act 30/63 and introduce Ryotwari settlement for the above mentioned property. The said representation has not been considered by the first respondent till date. Therefore, the petitioner is before this Court.
4. The learned counsel for the petitioner vehemently contented that even though the proceedings initiated under Act XXVI of 1948 has been dropped as early as 1976, till date no steps have been taken to notify the land under the Minor Inam Abolition Act. Therefore, the first respondent should be directed to notify the same under the said Act.
5. Mr.P.Sathish, learned Additional Government Pleader who appearing for the respondents 1 to 3, would submit that the representation of 3/6
the petitioner will be considered, on its own merits, within a time frame fixed by this Court.
6. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the representation of the petitioner dated 28.05.2024 and pass final order, on its own merits, within a period of four weeks from the date of receipt of copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
06.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The Commissioner of Land Administration Ehzilagam Chepauk Chennai 600 005.
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2.The Settlement Officer Commissioner of Survey and Settlement Chepauk Railway St., PWD Estate Chepauk, Triplicane, Chennai 600 005.
3.The Tahsildar Avadi Tiruvallur District.
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S.SOUNTHAR , J.
dna W.P No.23579 of 2024 06.09.2024 6/6