Mahalingam.C v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) C.Mahalingam ... Petitioner Vs.
1.The Commissioner of Land Administration No.1 Survey House, 2nd Floor, Kamarajar Salai Chepauk, Chennai. 600 005.
2.The Commissioner and Director of Survey and Settlement Chennai. 600 005.
3.The Principal Secretary/Commissioner, Tamil Nadu Archives, No.51 Gandhi Irwin Road, Egmore, Chennai. 600 008.
4.The District Collector Madurai District, Madurai.
5.The Assistant Director, Land Survey and Records Department Madurai District Madurai.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 4th respondent to provide correlation report for the Paimash Nos.477, 481, 482, 512, 514 and 142 pertaining to Old Patta No.197 given by Kajimar Mosque, Madurai District in the year 1936, on the basis of the petitioner's representation dated 19.10.2019. For Petitioner :Ms.P.Kalaiyarasi Bharathi For Respondents :Mr.K.P.Narayanakumar Special Government Pleader
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the fourth respondent to consider the representation made by the petitioner on 19.10.2019, wherein the petitioner has sought for correlation report. 2.The case of the petitioner is that the subject property was 1/3
originally owned by his grandfather and on his death, his father had inherited the property. Subsequent to the death of his father, the petitioner, his brother and sisters have inherited the property and they are in possession and enjoyment of the same.
3. The petitioner and the other legal heirs wanted to make a family settlement among themselves. However, the original document had described the property by providing only with the Paimash numbers. The petitioner therefore wanted the corresponding survey numbers for the same.
4. The petitioner, therefore, made a representation before the respondents seeking for correlation report and since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.
5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 5th respondent to consider the representation made by the petitioner on 19.10.2019 and to provide with the necessary information within four weeks from the date of receipt of a copy of this order.
7.The petitioner is directed to make a fresh representation to the fifth respondent along with all the relevant documents and also a copy of this order.
8. This writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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. 2/3
To 1.The Commissioner of Land Administration No.1 Survey House, 2nd Floor, Kamarajar Salai Chepauk, Chennai. 600 005.
2.The Commissioner and Director of Survey and Settlement Chennai. 600 005.
3.The Principal Secretary/Commissioner, Tamil Nadu Archives, No.51 Gandhi Irwin Road, Egmore, Chennai. 600 008.
4.The District Collector Madurai District, Madurai.
5.The Assistant Director, Land Survey and Records Department Madurai District Madurai.
+1 CC to M/s.GP ( SR-18434[F] dated 03/05/2021 ) 30.04.2021 KK(15.06.2021) 3P 7C 3/3