U.Rajeswaran vs The Commissioner
2023 Latest Caselaw 16120 Mad

Madras High Court

U.Rajeswaran vs The Commissioner on 11 December, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                 W.A.(MD) No.846 of 2020



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 11.12.2023

                                                     CORAM:

                                    THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       and
                                  THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN


                                              W.A.(MD) No.846 of 2020


                 U.Rajeswaran                                                  ... Appellant

                                                       -vs-


                 1.The Commissioner
                   Commissionerate of Land Reforms
                   Ezhilagam, Chepauk
                   Chennai-600 005

                 2.The Special Officer
                   Tamilnadu Boomi Dhana Board
                   Chennai-5

                 3.The District Collector
                   Sivagangai District

                 4.The Revenue Divisional Officer
                   Sivagangai

                 5.The Thasildar
                   Karaikudi                                                   ... Respondents




                 ____________
                 Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                         W.A.(MD) No.846 of 2020



                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 31.08.2020, passed in W.P.(MD) No.10478 of 2020, on the file of

                 this Court.


                                  For Appellant     : Mr.M.Vijayarathinam

                                  For Respondents   : Mr.T.Amjad Khan
                                                      Government Advocate



                                                       JUDGMENT

[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]

This writ appeal is directed against the order of the learned Single

Judge, dated 31.08.2020, passed in W.P.(MD) No.10478 of 2020.

2. The learned Single Judge dismissed the writ petition filed by

the appellant as infructuous by recording the submission of the learned

Additional Government Pleader that the representation submitted by the

appellant / writ petitioner was rejected by the Tahsildar, Karaikudi, vide

proceedings dated 29.08.2020.

____________

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

3. Learned counsel for the appellant states that the above

proceedings dated 29.08.2020 is nothing but a notice informing the appellant

to participate in the process of enquiry.

4. Learned Government Advocate appearing for the respondents

contended that the subject property falls under the Tamil Nadu Boomi Dhana

Board. In respect of the properties falling under the Tamil Nadu Boomi Dhana

Board, the Commissioner of Land Reforms is the competent authority and

therefore, the Tahsildar cannot conduct adjudication of the issues.

5. Though the appellant sent a representation to the

Commissioner of Land Reforms, it was a common representation

communicated to all the authorities. Thus, the appellant is at liberty to

submit a fresh representation along with the documents, if any, in a

prescribed format setting out the facts, to the Commissioner of Land Reforms,

who on receipt of the same, shall conduct an enquiry and pass appropriate

orders on merits and in accordance with law, as expeditiously as possible.

____________

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

6. With the above direction, the writ appeal is disposed of. No

costs.

                                                           [S.M.S., J.]          [V.L.N., J.]
                                                                     11.12.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk

                 To:
                 1.The Commissioner,

Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai-600 005.

2.The Special Officer, Tamilnadu Boomi Dhana Board, Chennai-5.

3.The District Collector, Sivagangai District.

4.The Revenue Divisional Officer, Sivagangai.

5.The Thasildar, Karaikudi.

____________

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

S.M.SUBRAMANIAM, J.

and V.LAKSHMINARAYANAN, J.

krk

11.12.2023

____________

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