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Madras High CourtWP(MD)/16873/2017disposed of

Chinnadurai, v. The Commissioner,

2021-07-19Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2021 CORAM :

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI W.P(MD).No. 16873 of 2017 Chinnadurai ...

Petitioner Vs

1. The Commissioner, Land Administration Department, Ezhilagam, Chepak, Chennai - 5.

2. The District Collector, Pudukkottai, Pudukkottai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other order or direction in the nature of the Writ, directing the respondents to reclassify the land in S.F. No.348/10 and 348/11 for an extent of 0.21.5 and 0.38.5 Hectares of Poruvai Village, Illupur Taluk, Pudukkottai District and issue Patta in favour of the petitioner on the basis of his representation dated 21.08.2017.

For Petitioner : Mr.T. Vadivelan For Respondents : Mr.A.K. Manikkam Standing Counsel for Government

ORDER

[Order of the Court was made by T.S. SIVAGNANAM, J.] This Writ Petition has been filed to consider the petitioner's representation, dated 21.08.2017 and reclassify the land and issue Patta in favour of the petitioner.

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2. A very elaborate communication has been given by the Revenue Tahsildar, Viralimalai, to the learned Government Counsel, dated 19.07.2021 assigning various reasons as to why the request of the petitioner cannot be complied with, more particularly, seems it is a water body area.

3. This Court fails to understand as to why the Tahsildar, Viralimalai, cannot reject the request or send a reply to the representation which has been kept pending from 2017 onwards.

4. In the light of the above, we direct the Tahsildar, Viralimalai to send a reply to the petitioner on the same lines as communicated to the learned Government Counsel and on receipt of the same, it is open to the Peitioner to challenge the said order before the appropriate forum.

5. With the above observations, the Writ Petition is disposed of.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) ksa 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.

To

1. The Commissioner, Land Administration Department, Ezhilagam, Chepak, Chennai - 5.

2. The District Collector, Pudukkottai, Pudukkottai District.

+1 CC to M/s.GP ( SR-23341[F] dated 20/07/2021 ) W.P(MD).No. 16873 of 2017 19.07.2021 MGJ(02.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/