Disposed

Universal Public Aanmeega v. The District Collector

Madras HC13 Apr 2023WP/11328/2023

Case brief

AI extract

What is this about?

The High Court of Madras, via a speaking order, directed Respondents 1 and 2 to consider the Petitioner Trust's representation dated 09.3.2023 to reclassify specific properties from government poramboke to private lands within twelve weeks, without expressing views on the merits of the claim.

What did the court decide?

Direction to Respondents 1 and 2 to consider the petitioner's representation dated 09.3.2023 on merits and pass orders within twelve weeks. No costs awarded.

Universal Public Aanmeega Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P.No.11328 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.4.2023

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.11328 of 2023

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Universal Public Aanmeega Charitable Trust, rep.by its Trustee/Secretary Mr.G.Mani ...Petitioner

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1.The District Collector, Tiruvannamalai, Tiruvannamalai District.

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2.The District Revenue Officer, Tiruvannamalai, Tiruvannamalai District.

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3.The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.

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4.The Tahsildar, Tiruvannamalai, Tiruvannamalai District. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to reclassify the property ad-measuring 3,073 Sq.ft comprised in Sy.No.533/2, the property ad-measuring 16,139 Sq.ft comprised in Sy.No.534, the property

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https://www.mhc.tn.gov.in/judis

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W.P.No.11328 of 2023

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ad-measuring 4.19 acres comprised in Sy.No.533/1 and the property admeasuring 25,190 Sq.ft comprised in Sy.No.1862/3B as private lands after deleting entry classifying the lands as government poramboke and transfer patta in the name of Universal Public Aanmeega Charitable Trust by considering the representation dated 09.3.2023.

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For Petitioner : Mr.R.Rajarajan

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For Respondents : Mr.P.Sathish, Additional Government Pleader

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ORDER

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With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

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The petitioner herein had given a representation dated 09.3.2023

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to the respondents seeking to reclassify the property ad-measuring 3,073 Sq.ft comprised in Sy.No.533/2, the property ad-measuring 16,139 Sq.ft comprised in Sy.No.534, the property ad-measuring 4.19 acres comprised in Sy.No.533/1 and the property ad-measuring 25,190 Sq.ft comprised in Sy.No.1862/3B as private lands after deleting the entry classifying the lands as "government poramboke" and transfer the patta in the name of

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https://www.mhc.tn.gov.in/judis

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W.P.No.11328 of 2023

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the petitioner Trust. Since the said representation has not yet been considered, the writ petition has been filed.

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It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them 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, non-consideration of the representation by the Statutory Authorities would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

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In the light of the above observations, there shall be a direction to respondents 1 and 2 herein to consider the petitioner's representation dated 09.3.2023 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner as well as all other persons who may be interested in the subject property, within a period of twelve weeks from the date of receipt of a copy of this order. It

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is made clear that this Court has not expressed any of its views with 3/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.11328 of 2023

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regard to the merits of the claim of the petitioner and that it is open to the

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concerned respondents to consider the same on its own merits.

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5. With the above direction, the Writ Petition stands disposed of.

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No costs.

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13.4.2023

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Index:Yes/No Speaking order/Non-speaking order

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1.The District Collector, Tiruvannamalai, Tiruvannamalai District.

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2.The District Revenue Officer, Tiruvannamalai, Tiruvannamalai District.

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3.The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.

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4.The Tahsildar, Tiruvannamalai, Tiruvannamalai District.

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RS/SNI

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https://www.mhc.tn.gov.in/judis

W.P.No.11328 of 2023

M.S.RAMESH,J.

RS/SNI

W.P.No.11328 of 2023

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13.4.2023

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Universal Public Aanmeega v. The District Collector

Case brief

What is this about?

What did the court decide?

Universal Public Aanmeega v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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