M.Muthuganesan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.10338 of 2016 M.Muthuganesan ..Petitioner Vs 1.The District Registrar, Periyakulam, Registration Department, 2.The Sub-Registrar, Cumbum Sub-Registrar's Office, Cumbum, ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to rectify the entries of guideline value in the records maintained by the respondents/Department with regard to the Petitioner's lands in Keelakudalur Village, in S.Nos.1321, 1322, and 1323 and fix the same per acre as equivalent to the adjacent lands in the locality by appointing a Valuation Committee or in accordance with law by considering the Petitioner's representation, dated 15.12.2015 within the time frame fixed by this Court.

For Petitioner :M/s.S.Sukumar For Respondents :Mr.S.Sadesh Kumar Addl.Govt.Pleader

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.According to the Petitioner, the Government guideline value to their agricultural lands alone are ear-marked as Rs.100/- per sq.ft and the valuation of one acre of land comes to Rs.43,60,000/-.The grievance of the Petitioner is that in recent

years, the authorities of the Respondents/Department without issuing notice, change the guideline value of their land by calculating sq.ft of the lands, which is highly arbitrary and discriminatory one. Since there is anomaly of valuation fixed to the Petitioner's agricultural lands, he made a detailed representation to the Respondents on 16.12.2015. Till date, the Respondents have not come forward to rectify the anomaly of valuation in respect of their lands in S.Nos.1321,1322 and 1323. Hence the Petitioner has filed the present Writ Petition. 4.In view of the fact that the Petitioner's representation dated 16.12.2015 is pending as on date, without any progress or disposal, at this stage, this Court without traversing upon the merits and contents of the representation of the Petitioner, dated 16.12.

2015 and also not expressing any opinion one way or other, in the interest of justice, at this stage, simpliciter, directs the First Respondent/The District Registrar, Periyakulam Theni District to immediately take up the representation of the Petitioner, dated 16.12.2015 within a period of one week from the date of receipt of a copy of this order and thereafter, to pass a reasoned speaking order on merits (assigning qualitative and quantitative reasons) and after providing necessary opportunity to the Petitioner and others concerned, if any by adhering to the principles of natural justice within a period of six weeks thereafter.

It is open to the Petitioner to produce copies of all necessary/relevant documents before the First Respondent/The District Registrar, Periyakulam Theni District and the respondent so as to enable him to make every endeavour to dispose of the representation of the Petitioner's representation, dated 16.12.2015 in a complete and comprehensive fashion. The Petitioner is also directed to lend his helping hand, assistance and cooperation to the First Respondent in disposing of the representation of the Petitioner within the time adumbrated by this Court.

5.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To 1.The District Registrar, Periyakulam, Registration Department,

2.The Sub-Registrar, Cumbum Sub-Registrar's Office, Cumbum, +1cc to M/s.S.Sukumar, Advocate SR.No.30081 +1cc to special Government Pleader SR.No.30145 sm:NGM-MP:20.06.2016:3P/5C W.P(MD)No.10338 of 2016 13.06.2016