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Madras High CourtWP/30503/2022disposed of

M.Nandagopal Mudaliar v. The Commissioner Of Land Administration

2022-11-17Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

1. M. Nandagopal Mudaliar

2. B. Baby Ammal

...Petitioner

3. B.Radha

4. L.Shenbagavalli 5.L.Jagadeesh 6.K.Jayanti 7.M.Vasantha 8.D.Chandrasekar 9.D.Rajasekar 10.M.Ganesan 11.M.Jayakuar 12.M.Vijayalakshmi 13.S. Malathi 14.A.Revathy 15.M.Vasantha 16.T.Singaravel 17.T.Kandavel 18.T.Murugavel 19.M.Shanthi 20.G.Kalaiyarasi 21.S. Jayanthi 22.R.Narayanan 23.R.Baby 24.R.Latha 25.B.Balamaniammal 26.S.Jalaja 1/8

27.Sengiammal@Rukmani ammal 28.B.Rangarjan 29.A.Sasikala 30.G.Renuka 31.S.Mohana 32.V.Vittabi 33.D.Shanthabai 34.D.Rambai 35.M.Mohanambal 36.P.Susila 37.P.Lalitha 38.N.Shayamala 39.M.Girija 40.K.Kalyanasundari 41.D.Selvarani 42.K.Kumari 43.J.Jalaja ....Petitioners Vs.

1. The Commissioner of Land Administration, Chepauk, Chennai

2. The District Collector, Chengalpet District Chengalpet.

3. The District Revenue Officer, Chengalpet District.

Chengalpet.

4.The Revenue Divisional Officer, Chengalpet District.

Chengalpet.

5.The Tahsildar, Tiruporur Taluk, 2/8

Chengalpet District

3. The Tahsildar, Gummidipoondi Taluk, Thiruvallur District.

4. The Zonal Deputy Tahsildar, Gummidipoondi Taluk, Thiruvallur District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant patta to the petitioners in respect of the lands in S.No.41/3 in Karungalpallam Village, Chengalpet District in the light of the earlier direction issued by this Hon'ble Court in W.P.No.21236 of 2009 dated 13.04.2010 and the subsequent proposal forwarded by the Tahsildar Tiruporur viz., 5th respondent in his proceedings Na.Ka.No.6310/2009/A1 dated 21.08.2007 and pass orders. For Petitioners : Mr.V.Vijayshankar For Respondents : Mr.U. Baranidharan Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking a direction to the respondents to grant patta to the petitioners in respect of the lands in S.No.41/3 in Karungalpallam Village, Chengalpet District in the light of the 3/8

earlier direction issued by this Court in W.P.No.21236 of 2009 dated 13.04.2010.

2. The case of the petitioner is that in an earlier occasion the petitioner filed a writ petition in W.P.No. 21236 of 2009 challenging the rejection of patta claimed by the petitioner and this Court by an order dated 13.04.2010 set aside the impugned order passed by the revenue authorities and directed the 3rd respondent to reconsider the matter taking note of the documentary evidences and the proceedings of the Land Administration the first respondent herein in order dated 13.06.2001 and 21.03.2007. It is the further case of the petitioner that the order passed by this Court was confirmed by the Division Bench of this Court and the Supreme Court. Inspite of the same the respondents herein have not granted patta to the petitioners. Hence this petition.

3. The learned Additional Government Pleader would submit that that the Commissioner of Land Administration, Chepauk vide proceedings dated 16.03.2021 directed the District Collector, Chengalpattu to notify the subject 4/8

land as Kaluveli , hence the Mandamus will not lie. Therefore, prays this Court to dismiss this petition.

4. At this juncture the learned counsel for the petitioner submitss that the proceedings of the Commissioner of Land Administration, Chepauk vide proceedings dated 16.03.2021 was not served to them. Hence he prays this Court to grant liberty to work out the remedy in the manner know to law.

5. With the above terms, these writ petitions are disposed of. No costs. However the petitioners are at liberty to work out the remedy in the manner known to law.

17.11.2022 Speaking Order : Yes/ No Index : Yes/ No smn 5/8

To

1. The Commissioner of Land Administration, Chepauk, Chennai

2. The District Collector, Chengalpet District Chengalpet.

3. The District Revenue Officer, Chengalpet District.

Chengalpet.

4.The Revenue Divisional Officer, Chengalpet District.

Chengalpet.

5.The Tahsildar, Tiruporur Taluk, Chengalpet District

3. The Tahsildar, Gummidipoondi Taluk, Thiruvallur District.

4. The Zonal Deputy Tahsildar, Gummidipoondi Taluk, Thiruvallur District 6/8

M.DHANDAPANI,J.

smn 7/8

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