S.Rajendran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI S.Rajendran . . . Petitioner Vs.

1. The State of Tamil Nadu, Rep by its Secretary, Revenue Department, Fort St.George, Chennai-600 009.

2. The Land Commissioner, Chepauk, Chennai-600 005.

3. The Joint Commissioner (Land Reforms), Office of the Joint Commissioner, Villupuram, Villupuram District.

4. The Assistant Commissioner (Land Reforms) Villupuram, Villupuram District. . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of a Writ, directing the 2nd Respondent to pass suitable orders on the representation of the petitioner dated 06.05.2015 and 07.06.2020.

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For Petitioner : M/s.K.Selvaraj For Respondents : Mr.U.Baranidharan, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the 2nd respondent to consider and pass appropriate orders on the petitioner's representation dated 06.05.2015 and 07.06.2020.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for respondents.

3. It is the case of the petitioner that originally the subject property belongs to the father of the petitioner namely A.Sundaramoorthy Gounder vide the partition deed dated 18.05.1973. After his demise, the petitioner's family is in possession and enjoyment of the above said property. However, in the year, 1961, the 2nd respondent initiated proceedings under Tamilnadu Land Reforms Act, against which, the petitioner's brother filed a Writ Petition in W.P.No.3520 of 1988, which was transferred to Tamil Nadu 2/6

Land Reforms Special Appellate Tribunal, in which, the 4th respondent/Assistant Commissioner (land reforms) was directed to conduct an enquiry with regard to the details of purchases made in the above property, pursuant to which, the 4th respondent having conducted an enquiry, obtained a report from the Special Revenue Inspector, and recommended the same to respondents 1 & 2 for amending final statement and notification under Section 18(1) of the Act and to publish the same in the Government Gazette, however, till date, the same has not been complied with, however, the same was not considered. Therefore, the petitioner made representations to respondents on 06.05.2015 and 07.06.2020 requesting to delete his name from the land reforms proceedings. Hence, the present petition.

4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondent to consider the representations dated 06.05.2015 and 07.06.2020 made by the petitioner and pass orders on the same, within the time that may be stipulated by this Court. 3/6

5. On the above contentions, this Court heard the learned Additional Government Pleader appearing for the respondent.

6. In view of the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the 2nd respondent/Land Commissioner to consider the representations dated dated 06.05.2015 and 07.06.2020 made by the petitioner seeking to delete his name from the Proceedings initiated under Tamilnadu Land Reforms Act and pass appropriate orders on the same in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

29.11.2022 NHS Index : Yes / No Internet : Yes / No 4/6

To

1. The Secretary, State of Tamil Nadu, Revenue Department, Fort St.George, Chennai-600 009.

2. The Land Commissioner, Chepauk, Chennai-600 005.

3. The Joint Commissioner (Land Reforms), Office of the Joint Commissioner, Villupuram, Villupuram District.

4. The Assistant Commissioner (Land Reforms) Villupuram, Villupuram District.

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M.DHANDAPANI, J.

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