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Madras High CourtWP(MD)/14116/2025disposed of

V.Lakshmanan v. State Of Tamil Nadu Through

2025-05-09Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.10245 of 2025 V.Lakshmanan ... Petitioner Vs.

1.The State of Tamil Nadu, Through the Revenue Secretary to Government, Fort St. George, Chennai 09.

2.The State of Tamil Nadu, Through the Director Land Reforms, Chepauk, Chennai 600 005.

3.The District Collector, Sivagangai, Office at the District Collectorate, Sivagangai.

4.The District Revenue Officer, District Collectorate, Sivagangai.

5.The Revenue Divisional Officer, Devakottai, Sivaganga District.

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6.The Joint Sub Registrar No.1, Karaikudi, Sivagangai District.

7.The Joint Sub Registrar No. 2, Karaikudi, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 4th respondent to restore possession of 5.97 acres of land comprised in Survey Nos.153/1B, 153/1C, 153/1G and 153/1H to the petitioner as per the report of the 5th respondent, dated 26.11.2019, within the period stipulated by this Court. For Petitioner :

Mr.M.Ananda Padmanathan Senior Counsel For M/s.APN Law Associates For Respondents :

Mrs.S.Jeyapriya Government Advocate

O R D E R

Heard Mr.M.Ananda Padmanathan, learned Senior Counsel for M/s.APN Law Associates, appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate for the respondents. 2/6

2. The petitioner has filed the present writ petition for issuance of writ of mandamus, to direct the 4th respondent to restore possession of 5.97 acres of land which have been found to be shortage from the entitlement of 60 acres to which the petitioner is entitled to retain.

3. In fact, the petitioner invites my attention to the report of the Tahsildar and also various proceedings in and whereby the said factum of shortage of 5.97 acres is found to be correct. However, in the meantime, it is seen that the 3rd parties who are in occupation of the land and keeping it as waste lands are proceeding to alienate the said lands and the respondents 6 and 7 are also permitting such registration.

4. The learned Government Advocate appearing for the respondents invites my attention to the order of the land reforms in Na.Ka.No.A1/2231/2025 (Ni.Seer) dated 25.03.2025, in and whereby the request to the petitioner regarding the said 5.97 acres had been directed to be considered by the Sub Collector, Devakottai. The learned Government Advocate therefore submits that in pursuance of the said order of the land reforms Commissioner, the Sub 3/6

Collector (DRO) shall take expeditious steps to dispose of the petitioner's representation.

5. In view of the above, this Court directs the 4th respondent to conduct due enquiry and dispose of the petitioner's application which has been directed to be enquired into and disposed of by the 4th respondent, by the Commissioner of Land Reforms/2nd respondent. The said exercise shall be carried out within a period of 12 weeks from the date of receipt of a copy of this order. It is made clear that in the meantime, the respondents 6 and 7 shall not entertain any registration of the documents till final orders are passed by the 4th respondent.

6. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.05.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr 4/6

To:

1.The Revenue Secretary to Government, Fort St. George, Chennai 09.

2.The Director of Land Reforms, Chepauk, Chennai 600 005.

3.The District Collector, Sivagangai, Office at the District Collectorate, Sivagangai.

4.The District Revenue Officer, District Collectorate, Sivagangai.

5.The Revenue Divisional Officer, Devakottai, Sivaganga District.

6.The Joint Sub Registrar No.1, Karaikudi, Sivagangai District.

7.The Joint Sub Registrar No. 2, Karaikudi, Sivagangai District.

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P.B.BALAJI , J.

Nsr 09.05.2025 6/6