P.Subramaniyam v. The Deputy Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Subramaniyam
...Petitioner(s)
vs.
1.The Deputy Inspector General of Registration, Coimbatore Zone, Coimbatore.
2.The District Collector, Erode District, Erode.
3.The District Registrar, O/o. District Registrar Office, Gopichettipalayam, Erode District.
4.The Sub-Registrar, Gopichettipalayam No.1, Sub-Registrar Office, Gopichettipalayam, Erode District.
...Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 28.04.2025 and consequently directing the respondents to classify petitioner's land as an agricultural land Survey No.447/3 1/6
and 447/2 Punjai acre 4.11 1⁄2 cents situated at Gopichettypalayam Village, Gopichettypalayam, Erode District.
For Petitioner(s) : Ms.S.Sengkodi For Respondent(s) : Mr.Abishek Moorthy Government Advocate
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 directing the respondents to consider petitioner's representation dated 28.04.2025 and consequently directing the respondents to classify the lands comprised in Survey No.447/3 and 447/2 Punjai acre 4.11 1⁄2 cents situated at Gopichettypalayam Village, Gopichettypalayam, Erode District as agricultural land.
3. It is submitted by the learned counsel for petitioner that the lands comprised in Survey Nos.447/3 and 447/2 are owned by petitioner and his brother which was registered before the 4th respondent vide sale deed document Nos.1125/1994, 1217/1994 and 287/1995. It is stated that petitioner's brother 2/6
passed away on 13.07.2007. It is the case of the petitioner that the subject lands were earlier classified as agricultural lands and that the same was changed as residential lands without issuing any notice to the petitioner and his brother. Petitioner thereafter submitted a representation before the respondents on 28.04.2025 seeking classification of the subject land as "agricultural land", which is stated to be kept pending. Hence this writ petition.
4. At the outset, it is submitted by Mr.Abishek Moorthy, learned Government Advocate for respondents that the District Collector would consider petitioner's representation dated 28.04.2025 and pass appropriate orders after issuing notice to the petitioner and other interested parties within a time frame to be fixed by this Court.
5. In view thereof, the writ petition stands disposed of with a direction to the 2nd respondent/ District Collector to consider petitioners' representation dated 28.04.2025 and pass appropriate orders in accordance with law after affording the petitioner and other interested parties a reasonable opportunity of hearing within a period of 16 weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 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 3/6
concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
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To:
1.The Deputy Inspector General of Registration, Coimbatore Zone, Coimbatore.
2.The District Collector, Erode District, Erode.
3.The District Registrar, O/o. District Registrar Office, Gopichettipalayam, Erode District.
4.The Sub-Registrar, Gopichettipalayam No.1, Sub-Registrar Office, Gopichettipalayam, Erode District.
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MOHAMMED SHAFFIQ, J.
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