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Madras High CourtWP(MD)/10635/2020disposed of

Xavier v. The Commissioner Of Land Administration

2020-09-16Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Xavier ... Petitioner Vs.

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

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to provide SLR copy pertaining to Patta No.96, Survey No.72/6 & 116/10, Situated at Karungalakudi Village, Survey No.101, 407 situated at Uppur Village, Survey No.136, 106, 104, 90/9, 102 & 138/9 situated at Thelur Village, Thiruvadanai Taluk, Ramanathapuram District, based on the petitioner's representation dated 04.08.2020. For Petitioner : Mr.R.Murugan For Respondents : Mr.C.Ramesh, Special Government Pleader

ORDER

This Writ Petition is filed to direct the respondents to provide SLR copy pertaining to Patta No.96, Survey No.72/6 & 116/10, Situated at Karungalakudi Village, Survey No.101, 407 situated at Uppur Village, Survey No.136, 106, 104, 90/9, 102 & 138/9 situated at Thelur Village, Thiruvadanai Taluk, Ramanathapuram District, based on the petitioner's representation dated 04.08.2020. 2.Heard Mr.R.Murugan, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents.

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3.In the affidavit, it has been averred that the petitioner and his forefathers are the owners of the property pertaining to Patta No.96, Survey No.72/6 & 116/10, Situated at Karungalakudi Village, Survey No.101, 407 situated at Uppur Village and Survey No.136, 106, 104, 90/9, 102 & 138/9 situated at Thelur Village, Thiruvadanai Taluk, Ramanathapuram District, respectively. The third respondent herein is transferring the patta in favour of various persons, without verifying the right and title to the property. Without getting SLR records, the petitioner is not in a position to retrieve his lands. Therefore, the petitioner has approached the first and second respondents for obtaining SLR copy. But, none of the respondents are issuing the said SLR copy. Therefore, the petitioner has made a representation dated 04.08.

2020 to the first respondent. Since no action has been taken, the petitioner is before this Court. 4.The learned counsel appearing for the petitioner submitted that it would suffice, if the representation made by the petitioner dated 04.08.2020 is directed to be considered by the respondent. 5.In the light of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, is inclined to direct the first and second respondents to consider the petitioner's representation dated 04.08.2020 and pass appropriate orders on merits and in accordance with law, within a period of twelve(12) weeks from the date of receipt of a copy of this order. No costs.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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.

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To

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

2. The District Collector, Ramanathapuram District, Ramanathapuram.

3. The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

+1 CC to the SPL GP SR-17273.

+1 CC to Mr.R.MURUGAN, Advocate SR-17346.

16.09.2020 AL(CO) CS(28.09.2020) 3P 6C 3/3