V.Samathuvamani v. The Commissioner Of Land Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Samathuvamani ... Petitioner Vs.

1. The Commissioner of Land Administration, Office of Commissioner of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Director of Survey and Settlement, Directorate of Survey and Settlement, No.1, Survey Illam, Kamarajar Salai, Chepauk, Chennai - 600 005.

3. The District Revenue Officer,, Office of the District Revenue Office,

4. The Revenue Divisional Officer, Officer of the District Revenue Officer, Pudukkottai Revenue Division,

5. The Tahsildar, Thirumayam Taluk Office, Thirumayam, ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents herein to rectify the classification of Anadheenam land as Natham Punja Land in respect of the landed property comprised in S.No`s.209/4, 209/8, situated at Meyyapatti village, Thirumayam Taluk, Pudukkottai District by considering the Circular issued by the 1st Respondent in Rc.K8/36934/2019 dated 31.03.2022 and to issue Ryotwari Patta by considering the representation of the Petitioner dated18.11.2024 within the time stipulated by this Court. For Petitioner : Mr.C.Gangai Amaran For Respondents : Mr.R.Raghavendran Government Advocate

ORDER

Mr.R.Raghavendran, learned Government Advocate takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, to direct the respondents herein to rectify the classification of Anadheenam land as Natham Punja Land in respect of the landed property comprised in S.No`s.209/4, 209/8, situated at Meyyapatti village, Thirumayam Taluk, Pudukkottai District by considering the 2/6

Circular issued by the 1st Respondent in Rc.K8/36934/2019 dated 31.03.2022 and to issue Ryotwari Patta by considering the representation of the Petitioner dated18.11.2024 within the time stipulated by this Court."

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

4. The petitioner has made a representation on 18.11.2024 to the respondents to rectify the classification of Anathenam land as natham punja land in respect of subject property based on the circular of the first respondent dated 31.03.2022 and to issue ryotwari patta to the petitioner. Since, the same was not considered, the present writ petition came to be filed.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India. 3/6

6. Without going into the merits of this case, this Court hereby direct the respondents to consider the representation made by the petitioner and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition stands disposed of. No costs. 20.01.2025 NCC : Yes / No Index : Yes / No jbr TO:-

1. The Commissioner of Land Administration, Office of Commissioner of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Director of Survey and Settlement, Directorate of Survey and Settlement, No.1, Survey Illam, Kamarajar Salai, Chepauk, Chennai - 600 005.

3. The District Revenue Officer,, Office of the District Revenue Office, 4/6

4. The Revenue Divisional Officer, Officer of the District Revenue Officer, Pudukkottai Revenue Division,

5. The Tahsildar, Thirumayam Taluk Office, Thirumayam, 5/6

L.VICTORIA GOWRI, J.

jbr Order made in Dated 20.01.2025 6/6