Bakyaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mr.Bakyaraj : Petitioner Vs.
1.The District Collector, First Floor, Collectorate, Tiruvallur-602001.
2.The Revenue Divisional Officer, Tiruttani Bypass Road, Kasinathapuram, Tiruttani, Tiruvallur-631 209.
3.The Tahsildar, Tiruttani Taluk, Pattabiramapuram Lake, Erular Colony, Thiruttani, Tiruvallur-631209.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to direct the second respondent to conclude the enquiry and pass orders in Na.Ka.No.89/2019/A2, within a time frame to be fixed by this Court. 1/6
For Petitioner : Mr.R.Sanjay For Respondents : Mr.P.Sathish Additional Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the second respondent to conclude the enquiry and pass orders in Na.Ka.No.89/2019/A2, within a time frame to be fixed by this Court.
3. It is submitted by the learned counsel for the petitioner that petitioner is the owner of the property comprised in S.No.105/2 measuring an extent of 5.76 acres situated at V.K.N. Kandigai Village, Tiruvallur District. The said land was originally classified as private land and Survey No.105/1 was classified as Anatheenam land. However, during updation of UDR, Survey No.105/2 has been classified as Anatheenam while S.No.105/1 was classified as private land. Hence, the petitioner submitted a representation to the second respondent regarding reclassification of the subject land. The second respondent has sent a 2/6
communication in Na.K.No.89/2019/A2 dated 25.10.2019 to the third respondent to conduct enquiry and submit a report. Based on the above communication, the third respondent had called for an enquiry on 16.09.2022 in which the petitioner took part and submitted all documents. However no orders have been passed till date. Aggrieved by the same, the petitioner has filed the present writ petition.
4. At the outset, it was submitted by the learned Additional Government Pleader for respondents that enquiry would be completed on the basis of the communication in Na.K.No.89/2019/A2 dated 25.10.2019 and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The third respondent shall submit a report of the enquiry on the basis of the communication in Na.K.No.89/2019/A2 dated 25.10.2019 to the second respondent and second respondent shall pass appropriate orders, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any. 3/6
ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the communication dated 25.10.2019 and pass appropriate orders in accordance with law.
iii) The above exercise shall be completed within a period of sixteen (16) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
iv) 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 matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 30.07.2025 4/6
Speaking (or) Non Speaking Order mrn To 1.The District Collector, First Floor, Collectorate, Tiruvallur-602001.
2.The Revenue Divisional Officer, Tiruttani Bypass Road, Kasinathapuram, Tiruttani, Tiruvallur-631 209.
3.The Tahsildar, Tiruttani Taluk, Pattabiramapuram Lake, Erular Colony, Thiruttani, Tiruvallur-631209.
MOHAMMED SHAFFIQ, J.
(mrn) 5/6
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