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Madras High CourtWP(MD)/21889/2017disposed of

Janaka Jebangelin, v. The District Collector

2018-01-09Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.21889 of 2017 Janaka Jebangelin ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Thasildar, Vilvancode Taluk, Kanyakumari District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to pass necessary orders to reclassify the Nanja land in S.F.Nos.127/6, 127/10, 126/17, 126/15C, 131/1, 127/15, 131/3, 302/13, 126/14, 127/17, 131/2A, 131/2B, 298/3, 298/5A, 298/5B, 126/19A, 127/4, 131/11, 127/8, 127/9, 127/3, 127/7, 197/1, 306/17, 298/3, 298/1, of Idaicodu Village, Vilavancode Taluk, Kanyakumari District into Tharisu Nilam based on the proceedings of the 2nd respondent within time frame.

For Petitioner : Mr.A.N.Ramanathan for C.Bharathi For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to consider the application of the petitioner dated 06.06.2017 to reclassify the land from Nanja land into waste land. But the application of the petitioner has not been considered by the respondents and the same is still pending on the file of the first respondent. Since no order has been passed on the application made by the petitioner, the petitioner has filed the Writ Petition. 2.On perusal of the records, it is seen that already the District Collector / first respondent called for a report from the Tahsildar / second respondent and the second respondent also filed the report to the first respondent. On perusal of the report of the https://hcservices.ecourts.gov.in/hcservices/

second respondent, it could be seen that some cocoanut trees and rubber trees are standing in the said land. However, the Tahsildar had recommended for conversion of Nanjai land to waste land. It is not known on what basis the Tahsildar recommended for conversion of the Nanja land into waste land, especially there are coconut trees and rubber trees.

3.However, now the matter is pending with the first respondent, in the above circumstances, the District Collector / the first respondent is directed to consider the application of the petitioner and pass detailed reasoned order on merits within a period of eight weeks from the date of receipt of a copy of this order, after considering all relevant records. 5.This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Thasildar, Vilvancode Taluk, Kanyakumari District.

+One cc to M/s.C.Bharathi, Advocate, SR.No.41193 ta RL/4C/2P/SKN/RSK/SAR1/1/2/2018 https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.21889 of 2017 09.01.2018