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Madras High CourtWP(MD)/76/2024disposed of

Paramasivan .A v. The Principal Secretary And Commissioner Of Land Administration

2024-01-29Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN A.Paramasivan ... Petitioner -Vs1.The Principal Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli, 3.The Revenue Divisional Officer, Cheranmahadevi, 4.The Tahsildar, Cheranmahadevi Taluk, Cheranmahadevi, ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to make entry the petitioner's name and his siblings name in Revenue Records and consequently directing them to issue Patta in respect of petitioner's family Natham Land to an extent of 0.03.62 Hectare in 1/5

Survey No.158/6 situated at Pananchadi Village, Cheranmahadevi Taluk , For Petitioner : Mr.J.Prekhkumar For Respondents : Mrs.K.Christy Thebaral Addl. Govt. Pleader

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the respondents to make entry the petitioner's name and his siblings name in Revenue Records and consequently, direct them to issue Patta in respect of petitioner's family Natham Land measuring an extent of 0.03.62 Hectare in Survey No.158/6 situated at Pananchadi Village, Cheranmahadevi Taluk , Tirunelveli District.

2. The learned counsel appearing for the petitioner would submit that the petitioner's family is having the above mentioned property, however, in the revenue records, the property has been mentioned as Government Poramboke during the period of re-survey without knowledge of the petitioner's family. Hence, the petitioner has made representation to the first respondent on 06.06.2016 and the same was forwarded to the second 2/5

respondent and thereafter, the same was forwarded to the third respondent. After receiving the same, the third respondent directed to fourth respondent to take appropriate action. However, the fourth respondent without making any enquiry keeps the same. Hence, the petitioner has made a representation dated 14.06.2022 to fourth respondent. Thereafter also, no action has been taken. Hence, he filed the present writ petition.

3. The learned Additional Government Pleader appearing for the respondents would submit that in respect of the petitioner's case, the second respondent has conducted an enquiry and it has been completed. Based on the enquiry report, the first respondent shall pass appropriate orders.

4. In view of the above, without going into the merits of the claim made by the petitioners in this Writ Petition, the second respondent is directed to send the enquiry report to the first respondent within a period of two weeks from the date of receipt of a copy of this order. After receipt of the enquiry report, the first respondent shall pass appropriate orders on the same on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of four weeks thereafter. 3/5

5. With the above direction, this Writ Petition stands disposed of. No costs.

29.01.2024 Index : Yes/No Internet : Yes/No skn To 1.The Principal Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli, 3.The Revenue Divisional Officer, Cheranmahadevi, 4.The Tahsildar, Cheranmahadevi Taluk, Cheranmahadevi, 4/5

V.BHAVANI SUBBAROYAN, J.

skn 29.01.2024 5/5