P.Eswaran v. The Commissioner Of Land Reforms
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.35106 of 2024 P.Eswaran ... Petitioner vs.
1.The Commissioner of Land Reforms, Tamil Nadu Boothan Board and Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai - 5.
2.The District Revenue Officer, Tiruppur District, Tiruppur.
3.The Revenue Divisional Officer, Dharapuram, Tiruppur District.
4.The Tahsildar, Dharapuram Taluk, Dharapuram, Tiruppur District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on merits by disposing the written representation made by 1/6
the petitioner on 13.09.2024 within a stipulated time as fixed by this Court. For Petitioner : Mr.C.Prakasam For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
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.
2. The petitioner herein seeks a direction to the 1st respondent to consider his representation dated 13.09.2024 and dispose of the same within a time stipulated by this Court.
3. It is the case of the petitioner that he purchased 7 acres 20 cents under a registered Sale Deed dated 26.05.2003 and 2 acres under a registered Sale Deed dated 04.01.2005 in Survey No.683/1 situated at Eragampatti Village, Dharapuram Taluk, Tiruppur District. In the said survey number, one Krishnasamy donated 2 acres of land in favour of Boomithan Board on 2/6
15.04.1955. The respondents while issuing patta in favour of the Boomithan Board failed to identify the 2 acres donated by Krishnasamy and patta was issued wrongly in favour of Boomithan Board including the portion of the property purchased by the petitioner. Since the property of Boomithan Board was not properly identified and patta, FMB etc., were prepared without properly identifying the 2 acres of land donated in favour of Boomithan Board, the petitioner submitted a representation before the respondents on 13.09.2024 seeking correction of the revenue records by properly identifying the property donated in favour of Boomithan Board and issuance of patta in favour of the petitioner in respect of 9 acres 46 cents purchased by him. The said representation has not been considered by the respondents till date. Therefore, the petitioner is before this Court.
4. Mr.A.Selvendran, learned Special Government Pleader, who is taking notice for the respondents would submit that the representation of the petitioner dated 13.09.2024 will be considered by the 1st respondent on its own merits and in accordance with law, within the time fixed by this Court.
5. In view of the same, without going into the merits of the claim 3/6
made by the petitioner, this Court is inclined to direct the 1st respondent to consider the representation of the petitioner dated 13.09.2024 and pass final orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.
6. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 29.10.2024 Index : Yes/No Speaking order:Yes/No dm 4/6
To 1.The Commissioner of Land Reforms, Tamil Nadu Boothan Board and Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai - 5.
2.The District Revenue Officer, Tiruppur District, Tiruppur.
3.The Revenue Divisional Officer, Dharapuram, Tiruppur District.
4.The Tahsildar, Dharapuram Taluk, Dharapuram, Tiruppur District.
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S.SOUNTHAR, J.
dm 29.10.2024 6/6