K.Veeriah v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.08.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.578 of 2018 and W.M.P(MD).No.578 of 2018 K.Veeriah

...Petitioner

Vs 1.The Secretary to Government, Revenue Department, Secretariat, Chennai.

2.The District Collector, Dindigul District.

3.The District Revenue Officer, Dindigul District.

4.The Tahsildar, Dindigul East District, Dindigul.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to initiate proper enquiry and consequently reclassify the land as Natham and issue patta the land property Survey No.29/1 Acres 4 along with 2C patta for 45 tamarind trees of Sannarpatti Village of Dindigul East Taluka, Dindigul District, based on the petitioner's representation dated 20.12.2017, according to law. For Petitioner : Mr.S.Muthalraj For Respondents : Mr.C.Ramesh, Special Government Pleader

ORDER

This Writ Petition is filed to direct the respondents to initiate proper enquiry and consequently to reclassify the land as Natham and issue patta to the land in Survey No.29/1 Acres 4 along with 2C patta for 45 tamarind trees of Sannarpatti Village of Dindigul East Taluka, Dindigul District, based on the petitioner's representation dated 20.12.2017.

2.Heard Mr.S.Muthalraj, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader 1/3

appearing for the respondents.

3.According to the petitioner, the land in Survey No.29/1 situated at Sanarpatti Village of Dindigul East Taluka, is classified as Tamarai Kulam in Revenue Records. But, in physical state, the land is not classified as Tamarai Kulam and 45 Tamarind trees are there and 2C patta was granted to the petitioner's father and mother even before thirty years. The nearby land is classified as Tamarai Kulam. The authorities are taking coercive steps to cut down the trees and include the petitioner's land in Tamarai Kulam. Therefore, the petitioner has made a detailed representation to the respondents on 20.12.2017. Since no action has been taken, the petitioner is before this Court.

4.The learned counsel appearing for the petitioner submitted that the petitioner has made a representation before the third respondent for reclassifying the petitioner's land as Natham and to issue patta in Survey No.29/1 and the same is still pending, without any progress. Hence, he prays the aforesaid relief in the present writ petition.

5.The learned Special Government Pleader appearing for the respondents submitted that the petitioner's representation will be considered within the time stipulated by this Court. 6.In view of the above, this Court, without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation dated 20.12.2017 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after providing opportunity to the petitioner. 7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Secretary to Government, Revenue Department, Secretariat, Chennai.

2.The District Collector, Dindigul District.

3.The District Revenue Officer, Dindigul District.

4.The Tahsildar, Dindigul East Taluk, Dindigul.

W.P.(MD) No.578 of 2018 27.08.2020 KK(09.09.2020) 3 P 5C 3/3