T.Arun v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Arun
...Petitioner
Vs.
1.
The Government of Tamil Nadu, Rep. by its Secretary to Government, Land Administration Department, Secretariat, Chennai-600 009.
2.
The Government of Tamil Nadu, Rep. by its Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai-600 009.
3.
The District Collector, Kancheepuram District, Kancheepuram, Tamil Nadu.
4.
The Revenue Divisional Officer, Kancheepuram District, Kancheepuram, Tamil Nadu.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 20.10.2022 to either rectify or reclassify the patta lands in Survey No.56 1A of Nariyambakkam Village, 1/7
Thiruperambathur Taluk, Kancheepuram District from Government Poromboke land to patta lands, as it is displayed incorrectly in the government portals online expediously and in accordance with law. For Petitioner : Mr.G.Mohana Krishnan For Respondents : Mr.U.Baranidharan, AGP
O R D E R
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the respondents to dispose of the petitioner's representation dated 20.10.2022 as expeditiously as possible.
2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the land comprised in S.No.56 1A, measuring an extent of 16 acres 21 cents was originally owned by petitioner's father namely Late.Thangaraj and he settled 4/5th share in the above said land in favour of the petitioner, vide Will dated 10.03.1987. While so, when the petitioner verified the website of the Government for obtaining necessary 2/7
approval for building houses, the petitioner came to know that the subject land is shown as Government Poromboke land. Immediately, the petitioner approached the concerned Tahsildar to enquire regarding the same, however, there was no response. Aggrieved by the same, the petitioner made a representation dated 20.10.2022 before the respondents seeking to reclassify the subject land as patta land, however, till date, no orders have been passed on the said representation. Hence, this Writ petition.
4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 20.10.2022 and reclassify the subject land as petitioner's patta land as expeditiously as possible.
5. Learned Additional Government Pleader has no serious objection for the said order being passed and he fairly conceded that appropriate orders will be passed on the petitioner's representation dated 20.10.2022 within the time stipulated by this Court.
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6. Heard learned counsel on either side and perused the materials available on record.
7. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, issues direction to the petitioner to send a copy of the representation dated 20.10.2022 along with a copy of this order to the jurisdictional Tahsildar within a period of four weeks from the date of receipt of a copy of this order. Upon receipt of the said representation, the jurisdictional Tahsildar is directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of eight weeks thereafter, after affording an opportunity of personal hearing to the petitioner and the aggrieved persons, if any.
8. This Writ petition is accordingly disposed of. No costs. 01.12.2022 skt Speaking Order : Yes/ No 4/7
Index : Yes/ No To 1.
The Government of Tamil Nadu, Rep. by its Secretary to Government, Land Administration Department, Secretariat, Chennai-600 009.
2.
The Government of Tamil Nadu, Rep. by its Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai-600 009.
3.
The District Collector, Kancheepuram District, Kancheepuram, Tamil Nadu.
4.
The Revenue Divisional Officer, Kancheepuram District, Kancheepuram, Tamil Nadu.
4.
The Tahsildar, Kancheepuram District, Kancheepuram, Tamil Nadu.
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M.DHANDAPANI, J.
skt 6/7
01.12.2022 7/7