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Madras High CourtWP/357/2023disposed of

M.Govindan v. The District Collector

2023-01-09Honourable Mr Justice R. Suresh Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR M.Govindan ... Petitioner Vs 1.The District Collector, Tindivanam, Villupuram District.

2.The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to suitably correct the classification or 'Kallankuthu' and 'Paarai' in Old Survey No.15/2 A1 in New Survey No.8/6 to an extent of Acre 1.58 cents and Old Survey No.20/4A, New Survey No.6/6 to an extent of Acre 0.35 cents of Murukery Village, Marakkanam Taluk, Villupuram District as per the orders of the Revenue Divisional Officer/District Revenue Officer dated 31.03.1935 vide order in Ref.file No.D.3314-2-35, dated 31.03.1935 as claimed in the petitioner representation dated 05.11.2022.

For Petitioner : Mr.K.Mohanamurali 1/6

For Respondents : Mr.P.Sathish Addl. Government Pleader

O R D E R

The prayer sought for herein is for a writ of mandamus directing the respondents to suitably correct the classification or 'Kallankuthu' and 'Paarai' in Old Survey No.15/2 A1 in New Survey No.8/6 to an extent of Acre 1.58 cents and Old Survey No.20/4A, New Survey No.6/6 to an extent of Acre 0.35 cents of Murukery Village, Marakkanam Taluk, Villupuram District as per the orders of the Revenue Divisional Officer/District Revenue Officer dated 31.03.1935 vide order in Ref.file No.D.3314-2-35, dated 31.03.1935 as claimed in the petitioner representation dated 05.11.2022.

2. In respect of land at Old Survey No.15/2 A1 in New Survey No.8/6 to an extent of Acre 1.58 cents and Old Survey No.20/4A, New Survey No.6/6 to an extent of Acre 0.35 cents of Murukery Village, Villupuram District, it is originally purchased by the petitioner's mother and thereafter the petitioner inherited the property and he is enjoying the property. Insofar as three items of the properties are concerned, the first item i.e. Survey No.20/1A to an extent of Acre 2.46 cents the patta has already been issued where there has been no quarrel. In respect of other two items i.e. Old 2/6

Survey No.15/2 A1 in New Survey No.8/6 and Old Survey No.20/4A in New Survey No.6/6 are concerned, though proper classification has already been made but it has not been incorporated in the concerned register which has to be done by the District Collector to whom a direction has been issued by the 2nd respondent, therefore in order to act upon to make the correction in the proper land register concerned about the said two lands purchased by the petitioner's mother subsequently inherited by the petitioner, the petitioner had given a representation on 05.11.2022 to the 2nd respondent and in order to consider the same and to pass necessary orders thereon after giving an opportunity of being heard to the petitioner, the petitioner has moved the present writ petition, Mr.K.Mohanamurali, learned counsel appearing for the petitioner has contended.

3. Heard Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents who would submit that, such representation submitted by the petitioner dated 05.11.2022 to the 2nd respondent would be considered by the 2nd respondent on merits and in accordance with law within a time frame that may be stipulated by this Court.

4. Having regard to the said submissions made by both sides 3/6

especially the stand taken by the learned Additional Government Pleader for the respondents, this Court is inclined to dispose of this writ petition with the following orders:

There shall be a direction to the 2nd respondent to consider the representation given by the petitioner dated 05.11.2022 and decide the same after giving an opportunity of being heard to the petitioner and pass necessary orders thereon within a period of eight weeks from the date of receipt of a copy of this order.

5. With this direction, this Writ Petition is disposed of. No costs. 09.01.2023 Index : Yes/No Speaking Order : Yes/No Sgl 4/6

To 1.The District Collector, Tindivanam, Villupuram District.

2.The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

5/6

R.SURESH KUMAR, J.

Sgl 09.01.2023 6/6