G.Giridharan v. The Settlement Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.31870 of 2024 G.Giridharan
...Petitioner
Vs.
1. The Settlement Officer, Ezhilagam, Kamarajar Salai, Chepauk, Chennai - 600 005.
2. The District Revenue Officer, The Nilgiris District, Collectorate, Church Hill Road, Udhagamandalam - 643 001.
3. The District Collector, Nilgiris District Collectorate, Church Hill Road, Udhagamandalam - 643 001.
4. The Tahsildar, Udhagamandalam, Upper Bazar, Udhagamndalam - 643 001.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue chitta extracts in respect of the lands comprised in Ward H, Block No.8, Survey No.74, Old survey no.447, in Udhagai East Town, Nilgiris district, by assessing the land and rectifying the wrongful classification poramboke, in view of the representation dated 30.08.2024 submitted by the petitioner, within the time -limit fixed by this Court.
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For Petitioner : Mr.N.S.Amogh Simha for M/s.C.Jeganathan For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the respondents to issue chitta extracts in respect of the lands comprised in Ward H, Block No.8, Survey No.74, Old survey no.447, in Udhagai East Town, Nilgiris district, after reclassification of the same, by assessing the land by considering the representation dated 30.08.2024.
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. It is the case of the petitioner that the subject property was originally assigned as dry land in the name of the petitioner's grandfather Sivagurunathan Pillai. After death of the petitioner's grandfather, the said property was allotted to the petitioner's father D.Gunasekaran in compromise decree passed in 2/5
I.A.No.1 of 2019 in O.S.No.75 of 2004 on the file of the District Court, Nilgiris. After death of petitioner's father, the petitioner and his siblings are entitled to the said property. Now, the petitioner acquired knowledge about the wrong classification of above mentioned property as Poramboke. Therefore, the petitioner submitted a representation on 30.08.2024 seeking reclassification of the same as assessed land and issuance of revenue documents in the name of the petitioner and his siblings 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 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 30.08.2024 and forward the same, if necessary with his comments, to the third respondent within a period of six 3/5
weeks from the date of receipt of a copy of this order. The third respondent shall consider the request of the petitioner and pass final orders, after issuing notice to the petitioner and other interested parties, within a period of eight weeks, thereafter.
6. With the above direction, this Writ Petition is disposed of. No costs.
25.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The Settlement Officer, Ezhilagam, Kamarajar Salai, Chepauk, Chennai - 600 005.
2. The District Revenue Officer, The Nilgiris District, Collectorate, Church Hill Road, Udhagamandalam - 643 001.
3. The District Collector, Nilgiris District Collectorate, Church Hill Road, Udhagamandalam - 643 001.
4. The Tahsildar, Udhagamandalam, Upper Bazar, Udhagamndalam - 643 001.
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S. SOUNTHAR, J.
av W.P No.31870 of 2024 25.10.2024 5/5