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Madras High CourtWP(MD)/27340/2022disposed of

Balaji v. The District Collector

2022-12-02Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

6EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27340 of 2022 Balaji ..Petitioner Vs 1.The District Collector, Madurai, Madurai District.

2.The District Revenue Officer, Madurai, Madurai District.

3.The Revenue Divisional Officer, Melur Division Taluk, Madurai, Madurai District.

4.The Village Administrative officer, Mukkampatti Village, Melur Taluk, Madurai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to consider the representation of the Petitioner, dated 7.9.2022.

For Petitioner :Mr.R.Narendran For Respondents :Mrs.K.Christy Theboral 1 to 4 Addl.Govt.Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the third respondent to consider the representation of the Petitioner, dated 7.9.2022.

2.Mrs.K.Christy Theboral, the learned Additional Government Pleader takes notice for the respondents 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.A perusal of the representation given by the Petitioner shows that the Petitioner's land in S.No.66/2 of Mukkampatti Taluk, Melur Taluk, Madurai District measuring an extent of 51 cents had been classified as Panjamar land and the same has been acquired by the revenue officials. He would further state that the neighbouring lands were also acquired as Panjamar land, however the said lands have been returned to the respective land owners by issuing patta in favour of them.For the said purpose, the Petitioner has given the above representation. Further the Petitioner has given a representation in this regard to the third respondent on 7.9.2022 to the Revenue Divisional Officer, Melur Taluk, Madurai Distrct.

4.The learned Additional Government Pleader appearing for the

respodnents 1 to 4 would submit that the third respondent is not the competent authority to consider his claim as mentioned in the representation and the competent authority is the Commissioner of Land Administration,Chepauk, Chennai and the said official has to consider the claim of the Petitioner, however, the said official has not been added as a party to the Writ Petition.

5.In view of the above submission, this Court directs the Petitioner to submit a fresh representation to the Commissioner of Land Administration, Chepauk, Chennai and the said Official, on receipt of the same, is directed to consider the said representation on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of sixteen weeks from the date of receipt of such representation.

6.With the above directions, the Writ Petition stands disposed of. No costs.

02.12.2022 Index : Yes/No Internet:Yes/No vsn

To 1.The District Collector, Madurai, Madurai District.

2.The District Revenue Officer, Madurai, Madurai District.

3.The Revenue Divisional Officer, Melur Division Taluk, Madurai, Madurai District.

4.The Village Administrative officer, Mukkampatti Village, Melur Taluk, Madurai District.

Copy to The Commissioner of Land Administration, Chepauk, Chennai.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27340 of 2022 02.12.2022