Rasthkhan.K v. The Special Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Rasthkhan ... Petitioner Vs.
1. The Special Commissioner Land Administration Department Chepauk, Chennai -5
2. The District Collector Tiruvannamalai District
3. The District Revenue Officer Tiruvannamalai District
4. The Tahsildar, Chengam Taluka, Tiruvannamalai District
5. The Revenue Inspector Chengam Taluka, Tiruvannamalai District
6. The Village Administrative Officer Chengam Firka, Alapudur Village Tiruvannamalai District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 25.09.2023 to reclassify the land of the petitioner admeasuring 2.40 acres in Survey Number 98/1A, Alapudur 1/6
Village, Chengam Taluka, Tiruvannamalai District, Tamilnadu, which was wrongly reclassified as Depressed Class (DC) land and consequently, incorporate all the required corrections in the land permanent registers. For Petitioner : Mr.G.Vana Narayanan For Respondents : Mr.A.Selvendran Special Government Pleader
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 25.09.2023 to reclassify the land of the petitioner admeasuring 2.40 acres in Survey Number 98/1A, Alapudur Village, Chengam Taluka, Tiruvannamalai District, Tamilnadu, which was wrongly reclassified as Depressed Class (DC) land and consequently, incorporate all the required corrections in the land permanent registers.
2. Heard and perused the materials available on record including the original records produced by the respondents.
3. It is to be noted that this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 2/6
09.06.2023, directed the Department to issue circular in regard to disposal of the application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land Administration has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period of which, the matters have to be disposed of has been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.
4. Having regard to the facts of the case and since this Writ Petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 25.09.2023 and issue notice to the petitioner and the adjacent land owners of the four boundaries of the subject property and also to the rival claimants/interested parties/objectors if any, as the case may be and conduct enquiry in the manner known to law and after giving opportunity of hearing to all the parties, pass orders on merits and in accordance with law, within the time as stipulated in the said circular, from the date of receipt of a copy of this order.
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5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
07.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To
1. The Special Commissioner Land Administration Department Chepauk, Chennai -5
2. The District Collector Tiruvannamalai District
3. The District Revenue Officer Tiruvannamalai District
4. The Tahsildar, Chengam Taluka, Tiruvannamalai District
5. The Revenue Inspector Chengam Taluka, Tiruvannamalai District
6. The Village Administrative Officer Chengam Firka, Alapudur Village Tiruvannamalai District Cuddalore District 5/6
P.VELMURUGAN. J.
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