Gunasekar v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR P.Gunasekar ... Petitioner vs.

1.The Assistant Director, Town Planning - Villupuram Region TADCO Building G.H.Road, Villupuram - 605 602.

2.The Thasildhar, Marakkanam Taluk, Villupuram District.

3.Village Administrative Officer, Nalmukkal Village, Marakkanam Taluk, Villupuram District.

4.District Development Officer, Marakkanam Panchayath Union, Marakkanam Taluk, Villupuram District.

5.The Sub Registrar, Avarapakkam Sub Registration Office, Thindivanam Taluk, Villupuram District.

6.S.Baghiratha Marthandan ... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.06.2024, seeking for reclassification of the petitioner's land as Agricultural land, in SR. No. 39/1, 39/2, 40/4 and 40/6 at Thindivanam, Marakkanam, Nalmukkal, according to its usage and to remove the same from the present fixation of value, and to restore the earlier valuation, and pass orders on merits within the reasonable period as may be fixed by this Court.

For Petitioner : Mr.B.Divakaran For R1 to R5 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to consider his representation dated 24.06.2024 seeking refixation of guideline value with regard to his agricultural land comprised in SR. Nos. 39/1, 39/2 and 40/4 situated in Nalmukkal Village, Marakkanam Taluk, Villupuram District.

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2. According to the petitioner, he is the owner of the agricultural land situated at Nalmukkal Village, Marakkanam Taluk, Villupuram District comprised in survey numbers as detailed hereunder:- S.No.

Old Survey Number New Survey No Extent in Acres 47/1 39/1 1.58 47/3 39/2 0.53 48/2 40/4 1.73 48/3B 40/6 0.55 Total 4.39

3. It is asserted by the petitioner that the above mentioned land is classified as an agricultural land. However, the 5th respondent in his record treated the same as housing site and fixed guideline value. Aggrieved by the same, the petitioner submitted a representation dated 24.06.2024 to the respondents 1 to 5 seeking refixation of guideline value treating the petitioner's property as agricultural land. The same has not been considered by the respondents 1 to 5 till date. Therefore, the petitioner is before this Court.

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4. Mr.A.Selvendran, learned Special Government Pleader, who is taking notice for the respondents 1 to 5 would submit that the representation of the petitioner dated 24.06.2024 will be considered by the 5th respondent on its own merit and in accordance with law, within the time fixed by this Court.

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 5th respondent to consider the representation of the petitioner dated 24.06.2024 and pass final orders on its own merit, after issuing necessary notice to all interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

06.09.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Assistant Director, Town Planning - Villupuram Region TADCO Building G.H.Road, Villupuram - 605 602.

2.The Thasildhar, Marakkanam Taluk, Villupuram District.

3.Village Administrative Officer, Nalmukkal Village, Marakkanam Taluk, Villupuram District.

4.District Development Officer, Marakkanam Panchayath Union, Marakkanam Taluk, Villupuram District.

5.The Sub Registrar, Avarapakkam Sub Registration Office, Thindivanam Taluk, Villupuram District.

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S.SOUNTHAR, J.

dm 06.09.2024 6/6