G. KOTHANDAPANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer sought for herein is for a Writ of Mandamus to forbear the respondents and their men agents, subordinates from in any manner interfering with the petitioners peaceful possession, enjoyment and occupation of the land comprised in Survey No.10, Kadapakkam Village, Tiruvottriyur Taluk, now Chennai District (Formerly in Tiruvallur District) measuring to an extent of hectares 0.06.0 ares (acre 0.15 cents) classified as Kalam land, till the request of the petitioner is considered either for allotment and sale of said land in favour of the petitioner at the rate fixed by the respondents or exchange of Patta land in accordance with Government Orders viz., (1) G.O.Ms.No.570 dtd. 20/9/2021 issued by Revenue and Disaster Management Department, Land Disposal Wing, LD.3(1) Sec. , (ii) G.O.Ms.117 dtd. 18/3/2022 issued by Revenue and Disaster Management Department, Land Disposal Wing, LD 4(1) Sec. and (iii) G.O.(Ms) 201 dtd. 10/5/2022 issued by Revenue and Disaster Management Department, Land Disposal Wing, LD3(1) Sec. .

(2.) The property situated at Survey No.10, Kadapakkam Village, Tiruvottriyur Taluk, now Chennai District (Formerly in Tiruvallur District, now in Chennai District) to the extent of 0.06.0 ares (acre 0.15 cents) which was classified as Kalam (fsk;) land belongs to the Government. Adjacent to or around the said land the entire land in the three sides belongs to the petitioner. Therefore, there will be no utility of the said land belongs to the Government though it is categorized as Kalam (fsk); land, as there is absolutely no ingress and egress to the land belongs to the Government and that has to be made only through the petitioner's land.

(3.) In this regard, in order to get an alternative land or exchange of land in lieu of the petitioner's land, the petitioner has given a representation to the Revenue authorities viz., Revenue Divisional Officer as well as the Tahsildar concerned and this could be possible as per the Government Order which has been issued in this regard enabling the Government to exchange the land with the private parties in lieu of the patta land of the Government land and therefore the said representation since was given, it was forwarded by the Revenue Divisional Officer / 3rd respondent to the 4th respondent vide the proceedings dtd. 5/12/2022 to conduct an enquiry and send a report. Thereafter, no progress since has been shown by the 4th respondent based on which decision to be taken by the 2nd and 3rd respondents, the petitioner has moved the present writ petition with the aforesaid prayer.