M/S.Suguna Charitable Trust, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.34522 of 2023 and W.M.P. No.34436 of 2023 M/s.Suguna Charitable Trust Represented by its Trustee Mr.V.Lakshminaraya Swamy 707, Avinashi Road Coimbatore- 641 018 ... Petitioner Vs.
1. The State of Tamil Nadu represented by its Principal Secretary Revenue and Administration Department Secretariat Chennai - 600 009
2. The Commissioner of Land Reforms Ezhilagam Chepauk Chennai - 600 005
3. The Joint Commissioner Land Reforms, Jawans Building Erode - 638 001
4. The Superintending Engineer State Highways Department Near North Kovai Fly Over Mettupalayam Road, Coimbatore - 641 043 1/7
5. The District Collector Office of the District Collector Collectrate State Bank Road, Coimbatore - 641 018
6. The Commissioner Corporation of Coimbatore Corporation Office, Raja Street, Town Hall Coimbatore - 641 001
7. The Assistant Commissioner Land Reforms Ezhilagam Chepauk, Chennai - 600 005
8. The Tahzildar (Coimbatore South) Balasundaram Road, ATT Colony Gopalapuram Coimbatore North Coimbatore - 641 018
9. The Land Acquisition Officer cum District Revenue Officer Coimbatore (South) Revenue Divisional Office State Bank Road, Coimbatore -641 018 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to consider the petitioner's representation dated 17.01.2023 and to thereby delete the name of the Government of Tamilnadu and restore the name of the petitioner as the owner of the land in T.S.No.7 part in ward No.AB, Block 1 of Coimbatore Corporation (Corresponding to survey No.518 and 520, Sowripalayam Village, Coimbatore South Taluk, Coimbatore District), in all the revenue and Government Official record.
2/7
For Petitioner : Mr.GK.Muthukumaar For Respondents : Mr.N.Umapathi Standing Counsel for R6 Mr.P.Gurunathan Additional Government Pleader for R1 to R5 and R7 to R9
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 17.01.2023 and to thereby delete the name of the Government of Tamilnadu and restore the name of the petitioner as the owner of the land in T.S.No.7 part in ward No.AB, Block 1 of Coimbatore Corporation (Corresponding to survey No.518 and 520, Sowripalayam Village, Coimbatore South Taluk, Coimbatore District), in all the revenue and Government Official record.
2. The learned counsel for the petitioner submitted that the respondents are not entertaining the petitioner to put forth the objection made by the petitioner regarding T.S.No.7. Therefore, if an order is passed by this Court to consider the petitioner's objection, it would serve the purpose. 3/7
3. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 9th respondent to consider the petitioner's objection and conduct enquiry and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner as well as Government and also interested parties/rival claimants if any as the case may be, within a period of two months from the date of receipt of a copy of this order.
4. With the above directions, this Writ Petition is disposed of at the admission stage itself. Consequently connected Miscellaneous Petition is closed. There shall be no order as to costs. 15.12.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/7
To
1. The Principal Secretary Revenue and Administration Department Secretariat Chennai - 600 009
2. The Commissioner of Land Reforms Ezhilagam Chepauk Chennai - 600 005
3. The Joint Commissioner Land Reforms, Jawans Building Erode - 638 001
4. The Superintending Engineer State Highways Department Near North Kovai Fly Over Mettupalayam Road, Coimbatore - 641 043
5. The District Collector Office of the District Collector Collectrate State Bank Road, Coimbatore - 641 018
6. The Commissioner Corporation of Coimbatore Corporation Office, Raja Street, Town Hall Coimbatore - 641 001
7. The Assistant Commissioner Land Reforms Ezhilagam, Chepauk, Chennai - 600 005 5/7
8. The Tahzildar (Coimbatore South) Balasundaram Road, ATT Colony Gopalapuram Coimbatore North Coimbatore - 641 018
9. The Land Acquisition Officer cum District Revenue Officer Coimbatore (South) Revenue Divisional Office State Bank Road, Coimbatore -641 018 6/7
P.VELMURUGAN. J.
Ksa-2 15.12.2023 7/7