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Madras High CourtWP(MD)/7433/2022disposed of

Saravanan.N.S v. The Commissioner Of Land Administration

2022-04-20Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.S.Saravanan ... Petitioner Vs.

1.The Commissioner of Land Administration, O/o. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-5.

2.The District Collector, O/o. District Collectorate, Ramanathapuram District.

3.The District Revenue Officer, District Revenue Office, Ramanathapuram 4.The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram.

5.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos.2 to 4 to conduct the enquiry and cancel the wrong classification as "Government Poromboke" and consequently provide the patta to the petitioner based on sale deed dated 15.10.1942 by Document No.1469/1942 in the name of the petitioner's grandfather late.M.Nagarethinam Pillai in respect of present S.Nos.192/2, 204, 205, 208, 209, 210, 271/1B, situated at Thandaradevipattinam Village, Urappuli Group, Paramakudi Taluk, Ramanathapuram District within the stipulated time fixed by this Court. For Petitioner : Mr.Mahaboob Fazil for Mr.T.Lajapathi Roy For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** The petitioner in this writ petition is aggrieved by the wrong classification of the lands comprised in S.Nos.192/2, 204, 205, 208, 1/3

209, 210, 271/1B, situated at Thandaradevipattinam Village, Urappuli Group, Paramakudi Taluk, Ramanathapuram District. 2.According to the petitioner, the subject lands are in occupation of the petitioner and his ancestors for a long period of time. According to him, the said lands have been wrongly classified as 'Government Poramboke' lands. In such circumstances, the petitioner has given representations on 18.03.2022 and 23.03.2022 for the said purpose. Since the said representations have not been considered till date, the petitioner has filed this writ petition. 3.Heard Mr.Mahaboob Fazil for Mr.T.Lajapathi Roy, learned Counsel appearing for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents.

4.On instructions, learned Special Government Pleader would now submit that based on the petitioner's representations, enquiry proceedings has already been initiated by the third respondent. Since enquiry has already been commenced a direction can be issued by this Court to the third respondent to pass final orders within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner.

5.No prejudice would be caused to any of the parties, if such a direction is given.

6.For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representations dated 18.03.2022 and 23.03.2022, seeking for rectification of the alleged wrong classification in the revenue records pertaining to the properties in S.Nos.192/2, 204, 205, 208, 209, 210, 271/1B, situated at Thandaradevipattinam Village, Urappuli Group, Paramakudi Taluk, Ramanathapuram District, within a period of six [6] months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and any other necessary parties whom the third respondent deems fit to enquire.

7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 2/3

To:

1.The Commissioner of Land Administration, O/o. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-5.

2.The District Collector, O/o. District Collectorate, Ramanathapuram District.

3.The District Revenue Officer, District Revenue Office, Ramanathapuram 4.The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram.

5.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

+1 CC to M/s.SPL.GP ( SR-20136[F] dated 21/04/2022 ) +1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-20325[F] dated 22/04/2022 ) 20.04.2022 RD(05.05.2022) 3P 8C 3/3