Muniyandi v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.30946 of 2024 Muniyandi
...Petitioner
Vs.
1. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2. The District Collector, Villupuram District.
3. The District Revenue Officer, Villupuram, Villupuram District.
4. The Thahsildhar, Thindivanam, Villupuram District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, seeking direction to the fourth respondent to act upon the proceedings issued to the third respondent in Na.Ka.No.AA3/12492/2021 dated 04.08.2021 and submit a report to the third respondent who shall take action on the report submitted and on the representation sent by the petitioner dated 28.08.2024 within a time frame 1/5
fixed by this Court.
For Petitioner : Mr.K.C.Karlmarx For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
The petitioner herein seeks a direction to the fourth respondent to act upon the direction issued by the third respondent in his proceedings in Na.Ka.No.AA3/12492/2021 dated 04.08.2021 and submit a report to the third respondent.
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. It is the case of the petitioner that the property situated in Survey No.191/2 measuring to an extent of 0.62 ares in Melpakkam Village, Tindivanam Taluk was originally classified as Panjamy land and was assigned to the petitioner's grandfather Sengeni @ Sengazhani. After his death, the property was enjoyed by the petitioner's father and thereafter, it has been in 2/5
possession and enjoyment of the petitioner. While so, the Tahsildar, Tindivanam, by proceedings dated 27.11.1986, wrongly cancelled the allotment given to the petitioner's grandfather and further, sub-divided the property and issued patta in favour of the third parties. Objecting the same, the petitioner made a representation to the respondents seeking cancellation of the patta issued in favour of the third parties. Based on the same, the land was classified as Tharisu. However, the assignment made in favour of the grandfather was not restored in favour of the petitioner. Therefore, the petitioner submitted a representation dated 10.11.2020 before the second respondent seeking assignment of patta in his favour and the same was forwarded by the second respondent to the third respondent. The third respondent in his proceedings in Na.Ka.
AA3/12492/2021 dated 04.08.2021 directed the fourth respondent to consider the representation of the petitioner and file a report within a period of eight weeks. Though the order was passed on 04.08.2021, the fourth respondent has not complied with the said direction till date. Therefore, the petitioner is before this Court.
4. Mr. A.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that the fourth respondent will file a 3/5
report to the third respondent within a time frame to be stipulated by this Court.
5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fourth respondent to act upon the direction issued by the third respondent in his proceedings dated 04.08.2021 and file a report within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
18.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2. The District Collector, 4/5
Villupuram District.
3. The District Revenue Officer, Villupuram, Villupuram District.
4. The Thahsildhar, Thindivanam, Villupuram District.
S. SOUNTHAR, J.
av W.P No.30946 of 2024 5/5
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