Dennis Sugumar v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P.(MD)No.21290 of 2019 Dennis Sugumar ... Petitioner Vs.
1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
2.The District Revenue Officer, Dindigul District, Dindigul.
3.The Tahsildar, Kodaikanal Taluk, Kodaikanal, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to make entry of the petitioner's name in Revenue Records and consequently directing them to issue patta in respect of petitioner's land to an extent of 1.50 Acre, comprising in Survey No.1752/2, Vilpatti Village, Kodaikanal Taluk, Dindigul District. For Petitioner : Mr.J.Parekhkumar For Respondents : Mr.M.Pandiarajan Additional Government Pleader
ORDER
Mr.J.Parekhkumar, learned Counsel on record for writ petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader, who accepts notice on behalf of all the three respondents are before this Court.
2. With consent of learned Counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
3. Instant main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 04.10.2019 wherein writ petitioner has made a complaint that error has occurred / crept in qua revenue classification with regard to lands said to have been purchased by him under a registered sale deed dated 15.03.2019. 1/3
4. Notwithstanding several averments/ grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of instant writ petition / prayer in instant writ petition and submits that it will suffice if the second respondent is directed to dispose of the aforementioned representation of the writ petitioner dated 04.10.2019, details of which have been alluded to supra.
5. Learned State counsel submitted that second respondent is the authority who shall consider the aforementioned representation dated 04.10.2019 made by the writ petitioner (page Nos.14 and 15 of the typed set of papers forming part of the case file).
6. The aforesaid representation dated 04.10.2019 shall be disposed of by the second respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. It is made clear that in the course of the representation being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the second respondent shall put on notice and give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter. The authority concerned ie., second respondent shall not embark upon any exercise which is within the domain of civil Court jurisdiction.
8. The proceeding / order of disposal of aforementioned representation shall be communicated by the office of the second respondent to the writ petitioner and others concerned if any under due acknowledgement within seven (7) working days from the date of completion of aforesaid exercise, ie., seven days from date of disposal.
9. Instant Writ Petition is disposed of with above directions. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) 2/3
SSL To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
2.The District Revenue Officer, Dindigul District, Dindigul.
3.The Tahsildar, Kodaikanal Taluk, Kodaikanal, Dindigul District.
+1 CC to SPL GP ( SR-100903[F] dated 25/11/2019 ) +1 CC to Mr.J. PARESHKUMAR, Advocate ( SR-101075[F]dated 25/11/2019 ) 21.11.2019 VB(06.12.2019) 3P 6C 3/3