T. Lakshmi, v. The Special Commissioner And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH T.Lakshmi
...Petitioner
Vs.
1. The Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chennai-5.
2. The District Collector, Trichy District, Trichy.
3. The District Revenue Officer, Collector Office, Trichy District, Trichy.
4. The Revenue Divisional Officer, Musiri Taluk, Trichy District,
5. The Tahsildar, Thiruvayur Taluk, Trichy District.
6. Dhanakodi Ammal ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to conduct and complete the enquiry in respect of the lands in Survey No.128/3, situated at Okkarai Village, Thuraiyur Taluk, Ariyalur Registration District, Trichy, to an extent of 2 Acre 21 cents and pass an appropriate order on merit in accordance with law based on the petitioner's representation, dated 21.11.2011 and as per the direction of Division Bench in W.A.No.1210 of 2001, dated 06.07.2006 and within the time stipulated by this Court forthwith with regard to the validity of the assignment.
For Petitioner : Mr.V.R.Venkatesan For R-1 to R-5 : Mr.M.Muniasamy Additional Government Pleader 1/3
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to conduct enquiry on the representation made by the petitioner on 21.11.2011 in line with the directions issued by the Hon'ble Division Bench in W.A.No.1218 of 2001, by order, dated 06.07.2006.
2. The case of the petitioner is that the subject property was assigned in favour of the petitioner. The sixth respondent was preventing the Authorities from conducting a spot inspection in the property. The Division Bench while dealing with the Writ Appeal filed by the sixth respondent in W.A.No.1210 of 2001, had dismissed the Writ Appeal and directed the Revenue Divisional Officer, who is the fourth respondent herein, to complete the enquiry and pass orders within a period of six months.
3. The grievance of the petitioner is that the fourth respondent has not completed the enquiry and the fourth respondent was not able to progress, since the sixth respondent was preventing the spot inspection. Left with no other alternative, the present Writ Petition has been filed before this Court.
4. Heard Mr.V.R.Venkatesan, learned counsel appearing for the petitioner and Mr.M.Muniasamy, learned Additional Government Pleader appearing for the respondents 1 to 5.
5. Taking into consideration the facts and circumstances of the case and also the earlier order passed by this Court in W.P.No.18693 of 1993, dated 05.03.2001 and judgment passed by the Hon'ble Division Bench in W.A.No.1210 of 2001, dated 06.07.2006, there shall be a direction to the fourth respondent to proceed further with the enquiry and pass appropriate orders in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the fourth respondent along with all the relevant documents and also a copy of this order.
7. The Writ Petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
To
1. The Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chennai-5.
2. The District Collector, Trichy District, Trichy.
3. The District Revenue Officer, Collector Office, Trichy District, Trichy.
4. The Revenue Divisional Officer, Musiri Taluk, Trichy District,
5. The Tahsildar, Thiruvayur Taluk, Trichy District.
+1 CC to M/s.SPL GP ( SR-17380[F] dated 23/04/2021 ) NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. Order made in 22.04.2021 RS (06.05.2021) 3P 7C 3/3