Disposed

Vijayakumar.v v. The District Collector

Madras HC19 Apr 2023WP(MD)/4831/2023

Case brief

AI extract

What is this about?

This writ petition sought directions to the District Revenue Officer to dispose of a land revenue proceeding and consider a representation regarding the petitioner's ownership of property erroneously recorded as government land. The Court ordered a fresh notice to the petitioner to produce a sale deed and evidence of possession.

What did the court decide?

Direct the second respondent to issue a fresh notice to the petitioner to produce the sale deed and other documents proving possession and to pass an order within six weeks.

Vijayakumar.v Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P(MD)No.4831 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.04.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

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W.P(MD)No.4831 of 2023

V.Vijayakumar

... Petitioner

Vs.

1.The District Collector Ramanadhapuram District, Ramanadhapuram.

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2.The District Revenue Officer District Revenue Office, Ramanadhapuram, Ramanadhapuram District.

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3.The Tahsildar Kamuthi Taluk Office, Ramanadhapuram District.

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... Respondents

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of

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India praying to issue a Writ of Mandamus directing the second

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

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W.P(MD)No.4831 of 2023

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respondent to dispose the proceeding in Na.Ka.P5/58671/2021 and to consider the petitioners representation dated 15.02.2023 and conclude the same .

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For Petitioner : M/s.S.Bharathi

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For Respondents : Mr.N.Muthu Vijayan,

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Special Government Pleader

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O R D E R

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The writ petition has been filed in the nature of a Mandamus seeking a direction against the second respondent/District Revenue Officer, Ramanathapuram, to dispose of the proceedings in Na.Ka.P5/58671/2021 and also to consider the representation of the petitioner dated 15.02.2023.

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This Court had directed the learned counsel for the

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petitioner to obtain a copy of the sale deed by which the petitioner’s father had purchased the property. Accordingly, as an additional typed

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

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W.P(MD)No.4831 of 2023

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set of papers, additional documents, the copy of said sale deed had been produced. The said copy had also been furnished to the learned Special Government Pleader.

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In the affidavit filed in support of the writ petition, it had been stated that the father of the petitioner, Viswanathan had purchased the land in Survey No.60/2 Thavasikurichi, Kamuthi Taluk, Ramanathapuram District. The total area of the land is 2.92 acres. After the demise of the father the legal heirs have been enjoying the property. However, it came to be recorded as Government poromboke land. The petitioner had applied for encumbrance certificate from the Sub Registrar Office, Abiramam, and found that the name of the father still exists. It is also stated that the name of the petitioner is found in SLR register. The petitioner therefore, had given an application to the second respondent to correct the entry from Government poromboke to the name of the father of the petitioner herein. Notice had been issued by the second respondent.

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

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W.P(MD)No.4831 of 2023

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A direction is given to the second respondent to issue a fresh notice to the petitioner herein and the petitioner may appear along with relevant records including the sale deed by which the petitioner’s father had purchased the property and all other documents to show possession of the said property. On consideration of the said documents, the second respondent may pass an order within a period of six weeks from the date when the petitioner appears for enquiry producing the documents.

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With the above directions, the Writ Petition stands

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disposed of. No costs.

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19.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM

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

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W.P(MD)No.4831 of 2023

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1.The District Collector Ramanadhapuram District, Ramanadhapuram.

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2.The District Revenue Officer District Revenue Office, Ramanadhapuram, Ramanadhapuram District.

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3.The Tahsildar Kamuthi Taluk Office, Ramanadhapuram District.

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

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W.P(MD)No.4831 of 2023

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C.V.KARTHIKEYAN, J.

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W.P(MD)No.4831 of 2023

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19.04.2023

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

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Vijayakumar.v v. The District Collector

Case brief

What is this about?

What did the court decide?

Vijayakumar.v v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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