Tmt.Jeyalakshmi v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.7181 of 2017 and W.M.P(MD)No.5665 of 2017 Jeyalakshmi ... Petitioner Vs.
1.The Commissioner Town and Country Planning, 807, Anna Salai Chennai - 600 002.
2.State of Tamil Nadu, rep. by District Collector, Tiruchirapalli District Collectorate, Tiruchirapalli - 1.
3.The District Revenue Officer Tiruchirapalli District, Collectorate Tiruchirapalli -1.
4.The Tahsildar Tiruchirapalli West Taluk, Taluk Office, Tiruchirapalli 5.The Member Secretary Town and Country Planning Committee Tiruchirapalli City, Tiruchirapalli.
... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to change the classification of the lands in T.S.Nos.64, 63, 58 and 54 of in New Ward G, New Block No.21, Peria Vadavur Village, Tiruchirapalli from Poramboke into Private Plot in the names of Tmt.Jeyalakshmi and her sister Padmavathi. For Petitioner : Mr.S.K.Mani For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate
ORDER
This Writ petition has been filed seeking a Writ of Mandamus to direct the respondents 2 and 3 to change the classification of the lands in T.S.Nos.64, 63, 58 and 54 of in New
Ward G, New Block No.21, Peria Vadavur Village, Tiruchirapalli from Poramboke into Private Plot in the names of Tmt.Jeyalakshmi and her sister Padmavathi.
2. Heard, the learned Counsel on either side.
3. According to the petitioner, she purchased the property in T.S.Nos.64,63,58 and 54, New Ward G, New Block No.21, Peria Vadavur Village, Tiruchirapalli and after some rounds of litigation, the title and possession were confirmed, in her favour. Whereas, in the Town Field Register, the said property has been wrongly classified as road. In order to rectify the mistake crept-in, the petitioner has made several representations. Despite several rounds of communication between the parties, the claim of the petitioner has not yet been disposed of by the authorities. Aggrieved over the same, having left with no other option, the petitioner is before this Court, for the aforesaid relief.
4. The learned Government Advocate appearing for the Respondents would submit that the third respondent is the competent authority to pass orders in this matter and no such representation dated 20.10.2016 has been forwarded to the District Revenue Officer. In the event of producing the copy of the representation of the petitioner, the same will be considered in a time bound manner.
5. Under such circumstances, this Court, without expressing any opinion on the merits of the matters, directs the petitioner to submit a copy of the representation dated 20.10.2016 along with a copy of this order before the third respondent within a period of two weeks from the date of receipt of copy of this order and on such filing the third respondent is directed to consider the same, in the light of the Proceedings dated 09.03.2017 of the District Collector and pass appropriate orders on merits and in accordance with law, within a period of six weeks thereafter, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar
To 1.The Commissioner Town and Country Planning, 807, Anna Salai Chennai - 600 002.
2.State of Tamil Nadu, rep. by District Collector, Tiruchirapalli District Collectorate, Tiruchirapalli - 1.
3.The District Revenue Officer Tiruchirapalli District, Collectorate Tiruchirapalli -1.
4.The Tahsildar Tiruchirapalli West Taluk, Taluk Office, Tiruchirapalli 5.The Member Secretary Town and Country Planning Committee Tiruchirapalli City, Tiruchirapalli.
+1cc to Special Government Pleader, SR.No. 90550 +1cc to M/S.S.K.Mani, Advocate SR.No. 90265 W.P(MD)No.7181 of 2017 29.11.2017 rm JM/MR KKR/SAR 4/20.12.2017/3P/8C