M.A.Abdul Rasak, v. The Special Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16533 of 2017 M.A.Abdul Rasak ... Petitioner Vs.
1.The Special Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
2.The Commissioner, The Office of Land Survey and Settlement, Chepakkam, Chennai - 600 005.
3.The Chief Engineer, Trichirappalli Division, Public Works Department, Subramaniapuram, Trichirappalli District.
4.The District Collector, Thanjavur District.
5.The Executive Engineer, Public Works Department, (Water Division), Thanjavur District.
6.The Assistant Director, The Office of Land Survey and Record Department, Thanjavur District.
7.The Thasildhar, Taluk Office, Thanjavur District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 4 and 6 to remove the wrong classification as P.W.D. in Records of Rights Register for the Village of Yerippuraikkarai
No:251/New No:149 Title Deed No:599, Pattukkottai Taluk Thanjavur District in respect of Survey Number 8/1, measuring to an extent of 0.31 cents Yerippuraikkarai village, Adirampattinam Post, Pattukkottai Taluk, Thanjavur District by considering the representation of the petitioner dated 12.06.2017 as well as the letter dated 27.06.2017 addressed to the 6th respondent. For Petitioner : Mr.R.Sureshkumar For Respondents : Mr.C.Selvaraj S.G.P.,
O R D E R
The writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondents 4 and 6 to remove the wrong classification as P.W.D. in Records of Rights Register for the Village of Yerippuraikkarai No:251/New No:149 Title Deed No:599, Pattukkottai Taluk, Thanjavur District in respect of Survey Number 8/1, measuring to an extent of 0.31 cents, Yerippuraikkarai village, Adirampattinam Post, Pattukkottai Taluk, Thanjavur District, by considering the representation of the petitioner dated 12.06.2017 as well as the letter dated 27.06.2017 addressed to the 6th respondent.
2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. Learned counsel appearing for the petitioner would submit that the petitioner is the owner of the property to an extent of 0.31 cents in S.F.No.8/1 situated at Yerippuraikkarai village, Adirampattinam Post, Pattukkottai Taluk, Thanjavur District by virtue of a settlement deed 01.11.2016. It is further submitted that the property has been wrongly classified as 'Porambokku'. Hence, the petitioner gave a representation to the respondents. The fourth respondent/District Collector, by his letter dated 27.06.2017, has forward the said representation to the 6th respondent/Assistant Director for Land Survey and Record Department, for taking necessary action. Since no action was taken, the present writ petition.
4.Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the 6th respondent to consider the representation of the petitioner dated 12.06.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar AD(II) /True copy/ Sub Assistant Registrar To 1.The Special Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
2.The Commissioner, The Office of Land Survey and Settlement, Chepakkam, Chennai - 600 005.
3.The Chief Engineer, Trichirappalli Division, Public Works Department, Subramaniapuram, Trichirappalli District.
4.The District Collector, Thanjavur District.
5.The Executive Engineer, Public Works Department, (Water Division), Thanjavur District.
6.The Assistant Director, The Office of Land Survey and Record Department, Thanjavur District.
7.The Thasildhar, Taluk Office, Thanjavur District.
+1cc to Mr.R.SURESH,Advocate,SR. 75837 +1cc to M/S.Special Government Pleader,SR. 76686 W.P.(MD)No.16533 of 2017 01.09.2017 skn KK/KP/SAR 3/21.09.2017/ 3P- 10C