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Madras High CourtWP/25923/2024disposed of

Manonmani, v. The Commissioner Of Land Administrative Department,

2024-09-09Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.25923 of 2024 Manonmani

...Petitioner

Vs.

1. The Commissioner of Land Administrative Department, Land Administrative Department, 2nd Floor, Ezhilagam, Chennai - 600 005.

2. The Chief Secretary / Commissioner Tamilnadu Government Land Reform, Ezhilagam, Chennai - 600 005.

3. The District Collector, District Collector Office,

4. The District Revenue Officer, District Revenue Office,

5. The Revenue Divisional Officer, Revenue Divisional Office, Ponneri, Thiruvallur District.

6. The Tahsildar, Ponneri, Thiruvallur District.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to cancel the classification of "Anathinam" of the petitioner's land in old Survey No.42, New Survey No.55/2 to the extent of 40 cents in the total extent of 4.05 Acres of land at Periyakavanam Village, Ponneri Taluk, Thiruvallur District and issue patta in the name of the petitioner by considering the petitioner's representation dated 18.06.2022 and 31.07.2024 within the specific period of time fixed by this Court.

For Petitioner : Mr.D.Magesh For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to cancel the classification in respect of land in old Survey No.42, New Survey No.55/2 to the extent of 40 cents in the total extent of 4.05 Acres of land at Periyakavanam Village, Ponneri Taluk, Thiruvallur District and issue patta in the name of the petitioner by considering the petitioner's representation dated 18.06.2022 and 31.07.2024 within the specified period of time fixed by this Court.

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2. According to the petitioner, the above mentioned property was allotted to the petitioner's maternal grandfather namely Panchatcharam, under a Civil Court's decree dated 17.12.1950 passed by the Sub Court, Chengalpattu and he had been in possession and enjoyment of the same. On 10.06.1971 the petitioner's grand father died. After the death of the petitioner's grand father, the petitioner is in possession and enjoyment of the said property. The respondents classified the above mentioned land as 'Anathinam' erroneously in the revenue records. Therefore, the petitioner submitted a representation dated 31.07.2024, seeking reclassification of land and issue patta in the name of the petitioner. Therefore, the petitioner is before this Court.

3. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that the representation of the petitioner would be considered on its own merits.

4. 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 31.07.2024 3/6

and pass final orders, after issuing notice to all interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

09.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The Commissioner of Land Administrative Department, Land Administrative Department, 2nd Floor, Ezhilagam, Chennai - 600 005.

2. The Chief Secretary / Commissioner Tamilnadu Government Land Reform, Ezhilagam, Chennai - 600 005.

3. The District Collector, District Collector Office, 4/6

4. The District Revenue Officer, District Revenue Office,

5. The Revenue Divisional Officer, Revenue Divisional Office, Ponneri, Thiruvallur District.

6. The Tahsildar, Ponneri, Thiruvallur District.

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S. SOUNTHAR, J.

av W.P No.25923 of 2024 09.09.2024 (2/2) 6/6