S.Irudaya Pandian @ Jayachandran v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.03.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.4905 of 2023 and WMP(MD)No.4590 of 2023 S.Irudaya Pandian @ Jayachandran ... Petitioner Vs
1. The Commissioner of Land Administration, Chennai.
2. The District Collector, Thanjavur District.
3. The District Revenue Officer, Thanjavur District.
4. The Revenue Divisional Officer, Thanjavur, Thanjavur District.
5. The Tahsildar, Thanjavur Taluk, Thanjavur District.
... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider and pass order on the representations given by the petitioner dated 1/5
08.03.2015, 10.07.2015, 15.07.2019, 19.07.2021 and also to pass necessary orders to protect the petitioners lawful possession in respect of the land comprised in Survey number 54/2 which has an extent of 1 acre and 01 cent situated in Melaveli Kaspa Thottam Village, Melaveli Vattam, Thanjavur Taluk, Thanjavur District till the disposal of the representations and thus render justice.
For Petitioner :Mr.V.Chandrasekar For Respondents :Mr.J.Ashok Additional Government Pleader
ORDER
The Writ Petition has been filed in the nature of a Mandamus, seeking examination of the representations given by the petitioner, dated 08.03.2015, 10.07.2015, 15.07.2019, 19.07.2021 and pass necessary orders. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had been in possession of land in Survey No.54/2, measuring 0.35cents and land in S.No.62/1B, new S.No.62/B measuring 0.06 cents in Melaveli Kaspa Thottam Village, Melaveli Vattam, Thanjavur Taluk, Thanjavur District. It had been stated that there was a partition among the erstwhile owners of the property. In resurvey and settlement records, the patta stands in the name of Muthusamy Iyer. It had been stated that he had on his 2/5
behalf and on behalf of his minor sons, executed a registered sale deed in favour of petitioner's mother on 10.04.1974. The Revenue Department had classified the land as 'anadheenam land'. It had been stated that before reclassification, the respondents had not conducted any enquiry and put the petitioner on notice. Therefore, the petitioner had sent representations to the respondents.
3.A direction is given to the first respondent/Commissioner of Land Administration, Chennai to examine the said representations. It would only be appropriate that the petitioner given a fresh representation. The fresh representation may be given on or before 13.04.2023, in which, the earlier representations and also the order copies in similar matters of this Court can also be enclosed. On receipt of the same, the first respondent is directed to issue notice to the petitioner, conduct an enquiry, examine the revenue records, FMB and other revenue records and pass necessary orders. The said exercise should be completed within a period of twelve weeks, from the date on receipt of petitioner's fresh representation. 3/5
4.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 31.03.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To
1. The Commissioner of Land Administration, Chennai.
2. The District Collector, Thanjavur District.
3. The District Revenue Officer, Thanjavur District.
4. The Revenue Divisional Officer, Thanjavur, Thanjavur District.
5. The Tahsildar, Thanjavur Taluk, Thanjavur District.
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C.V.KARTHIKEYAN, J.
PNM ORDER IN W.P(MD).No.4905 of 2023 and WMP(MD)No.4590 of 2023 31.03.2023 5/5