T.Arul v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.32193 of 2024 T.Arul

...Petitioner

Vs.

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Revenue Divisional Officer, Tambaram, Chennai.

3. The Tahsildar, Pallavaram, Chennai. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to forthwith implement the recommendation of the second respondent by proceedings in Na.Ka.No.2611/2023/A dated 31.07.2023 and the recommendation of the third respondent by proceedings in Na.Ka.no.1103/2023/A dated 08.07.2023 by correcting the classification of the entry in the revenue records for the petitioner's plot bearing nos.8A & 8B comprised in T.S.No.21, Ward G, Block 2, situated at Nemilichery Village, Pallavaram Taluk, Chennai as "Ryotwari Plot" from "Sarkar" and the extent of land as 320sq.m instead of 280sq.m. 1/5

For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the first respondent to implement the recommendation of the second respondent in his proceedings in Na.Ka.No.2611/2023/A dated 31.07.2023 and the recommendation of the third respondent in his proceedings in Na.Ka.No.1103/2023/A dated 08.07.2023 and correct the classification of the property situated in T.S.No.21, Ward G, Block 2, situated in Nemilichery Village, Pallavaram Taluk, Chennai as "Ryotwari Plot" from "Sarkar" .

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. The petitioner herein submitted a representation before the third respondent on 06.03.2023 seeking correction of the extent in the above mentioned survey number and also seeking re-classification of the same from 2/5

"Sarkar Manai" to "Gramanatham". Based on the representation submitted by the petitioner, the respondents 2 and 3 conducted an enquiry and filed a report recommending the first respondent to change classification from "Sargar Manai to Ryotwari Manai". The first respondent has not passed any final orders till date. Aggrieved by the same, the petitioner is before this Court.

4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that the first respondent will consider the report submitted by the second respondent and pass final orders on its own merits.

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 first respondent to consider the representation of the petitioner dated 06.03.2023, in the light of the report submitted by the third respondent in Na.Ka.No.1103/2023/A dated 08.07.2023 and also report submitted by the second respondent in Na.Ka.No.2611/2023/A dated 31.07.2023 and pass final orders, after issuing notice to the petitioner and other interested parties, within a period of twelve 3/5

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.

29.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order To

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Revenue Divisional Officer, Tambaram, Chennai.

3. The Tahsildar, Pallavaram, Chennai.

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S. SOUNTHAR, J.

av W.P No.32193 of 2024 29.10.2024 5/5