L.Naryanasamy v. The Special Tahsildar (L.A)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.27635 of 2024 L.Narayanasamy
...Petitioner
Vs.
1. The Special Tahsildar (L.A), Adi-dravidar Welfare, Coimbatore District Collectorate Complex, Coimbatore - 641 018.
2. Tahsildar, Taluk Office, Mettupalayam, Coimbatore - 641 301.
3. Village Administrative Officer, No.10, Chikkadasampalayam, Mettupalayam Town, Mettupalayam Taluk, Coimbatore - 641 301. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to rectify the revenue records by removing the erroneous inclusion of 1 acre of land in S.R.No.236/1B and S.R.No.236/2 at Chikkadasampalayma, where it is incorrectly mentioned as acquired for the Adi-Dravidar Welfare Scheme, and to 1/5
issue an individual patta in favor of the petitioner and his brothers by considering petitioner's representation dated 25.01.2024. For Petitioner : Mr.S.Lakshmi Narayanan For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the respondents to rectify the revenue records by removing the erroneous inclusion of 1 acre of land in S.R.No.236/1B and S.R.No.236/2 at Chikkadasampalayam, and to issue patta in the name of the petitioner and his brother, by considering his representation dated 25.01.2024.
2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.
3. According to the petitioner, the land situated in Survey Nos.236/1B (5.14 acres) and 236/2 (4.29 acres) at Chikkadasampalayam, belongs to his family. For the purpose of providing house site to Adi-Dravidar Welfare Scheme, the respondents acquired an extent of 4.57 acres of land and the 2/5
petitioner and his brother are in possession and enjoyment of the remaining extent of 4.86 acres of land. While so, it was found that in the revenue records, additional 1 acre of land was also included in the acquisition proceedings. The petitioner submitted a representation dated 25.01.2024 seeking correction of the revenue records and issue of patta in respect of 4.86 acres of remaining land in the name of the petitioner and his brother and the same has not been considered till date. Therefore, the petitioner is before this Court.
4. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents would submit that the representation of the petitioner will be considered on its own merits and appropriate orders will be passed.
5. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 25.01.2024 and pass final orders, on merits and in accordance with law, after affording reasonable opportunity to the petitioner and other interested parties, within a period of eight weeks from the date of receipt of a copy of this order. 3/5
6. With the above direction, this Writ Petition is disposed of. No costs.
23.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The Special Tahsildar (L.A), Adi-dravidar Welfare, Coimbatore District Collectorate Complex, Coimbatore - 641 018.
2. Tahsildar, Taluk Office, Mettupalayam, Coimbatore - 641 301.
3. Village Administrative Officer, No.10, Chikkadasampalayam, Mettupalayam Town, Mettupalayam Taluk, Coimbatore - 641 301.
S. SOUNTHAR, J.
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