T.Mohanraj, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.23102 of 2017 and W.M.P.No.24210 of 2017 T.Mohanraj ... Petitioner Vs 1.The State of Tamil Nadu, Represented by its Secretary, Department of Revenue and Land Reforms, Fort St.George, Chennai - 600 009.
2.The Assistant Commissioner, (Land Reforms) Villupuram, Villupuram District.
3.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.
4. Malarvizhi
5. A.Vijayakani
6. V.Premalatha ... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 3 to consider the representation of the petitioner dated 13.04.2017 to hold enquiry with land grabbing of Respondents 4 to 6 in accordance with law and restrain them from interfering with the peaceful possession and enjoyment of the land in Survey No.180/2AAI, Kattupakkam Village, Thiruvallur District.
For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.Richardson Wilson, 1 to 3 Government Advocate For Respondent 4 : Mr.V.Ramesh for Mr.T.Thiyagarajan For Respondents : Mr.V.T.Balaji 5 & 6
O R D E R
This writ petition has been filed to issue a Writ of Mandamus directing the Respondents 1 to 3 to consider the representation of the petitioner dated 13.04.2017 to hold enquiry with land grabbing of Respondents 4 to 6 in accordance with law and restrain them from interfering with the peaceful possession and enjoyment of the land in Survey No.180/2AAI, Kattupakkam Village, Thiruvallur District.
2. The case of the petitioner is that the property comprised in Survey No.180/2AAI of Kattupakkam admeasuring about One Acres 59 cents excess land were acquired for landless poor, Adidraviders and allotted in favour of petitioner's father Thulukanam made in MR.IV/460/61/F dated 31.10.1981. But due to political manipulate and with malicious intention then D.M.K., M.L.A. Raja Rathinam managed to get patta in the name of his daughter-in-law Malarvizhi and the said D.R.Rajarathinam is a crore pathi and he has got crores worth land and properties and he is not entitled to any allotment of surplus land.
3. Without expressing any opinion on the merits of this writ petition, the third respondent is directed to conduct the enquiry after giving opportunity of hearing to the petitioner as well as the respondents 4 to 6 herein with liberty to file their respective documents, if any and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, if not already passed.
4. If the third respondent already passed an order on the representation dated 13.04.2017 and any parties aggrieved over the same, the parties concerned are at liberty to challenge the same in the manner known to law.
5. With the above directions, this writ petition is disposed of. No order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ham/rna To
1. The Secretary, State of Tamil Nadu, Department of Revenue and Land Reforms, Fort St.George, Chennai - 600 009.
2. The Assistant Commissioner, (Land Reforms) Villupuram, Villupuram District.
3. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.
W.P.No.23102 of 2017 and W.M.P.No.24210 of 2017 RGN (CO) K.RK. (24.11.2021)