LAWS(MAD)-2021-11-85

M.VIJAYAN Vs. COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF TAMIL NADU LAND ADMINISTRATION DEPARTMENT

Decided On November 10, 2021
M.VIJAYAN Appellant
V/S
Commissioner Of Land Administration, Government Of Tamil Nadu Land Administration Department Respondents

JUDGEMENT

(1.) The present Writ Petition is filed in the nature of Mandamus seeking a direction against the first respondent/Commissioner of Land Administration, Government of Tamil Nadu, Chennai, to consider the assignment of lands in Survey No.17/1 an extent of 1 acre in Karenthelpatti Village, Thirukalapatti Panchayat, Mathavarayanpatti Group, Thirupathur Taluk, Sivagangai District, in view of the Revenue Board Standing Order Rule RSO 21 and Revenue Policy 2001-2002, by considering the petitioner's representation, dtd. 14/9/2021.

(2.) Even though the relief sought has been worded with simple terms, the issue involved appears to be quite complicated. Originally, a Writ Petition in W.P.(MD)No.6571 of 2021 had been filed, wherein, the petitioner was shown as the fifth respondent and in that particular Writ Petition, which was allowed, a direction was given. The petitioner had been categorised as encroacher, and a direction was issued to remove the encroachment.

(3.) The land in question is said to be Poramboke land. Pointing out this particular fact, Mr.A.Gandhiraj, learned Special Government Pleader insisted that unless all the litigations come to a finality, the first respondent can never be called upon to pass any order. It is also stated that an appeal is pending before the Collector.