M/S. Arasan Fertilizer Pvt Ltd., v. The District Collector

ORDER The above writ petition is filed for the issue of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 03-10-2019 to rectify/reclassify the classification of the land in S.No.45/5, Harvey Road, Kadambur Village, SRO Kadambur, Palayamkottai Registration District, Thoothukudi District forthwith as a dry land from Grama Natham and to issue separate patta in the name of M/s. Arasan Fertilizer Pvt Ltd.

2.Today an affidavit has been filed by the fourth respondent, the Tahsildar, in which in paragraph No.7 it is stated as follows:- "7.......It is pertinent to submit that the Additional Chief Secretary/Commissioner of Land Administration vide Circular in Roc. K3/14710/2015 dated 07.08.2015 wherein a clear instructions have been given to grant patta to an extent of 35 cents of maximum area only over a vacant natham site by the present claimant possessing unbroken chain of transaction since the year 1966. Inasmuch as the Petitioner herein has sought for patta over an extent of 3.87.0 hectares (9.56 acres) in S.No.45/5 of kadambur village, Kayatar Taluk, it is inevitable that proposals will have to be submitted to the Commissioner of Land Administration, Chennai."

3.In the light of the above averment, the Writ Petition is disposed of directing the petitioner to make a representation to the Commissioner of Land Administration, Chennai within a period of two weeks from the date of receipt of a copy of this order and the Commissioner of Land Administration, Chennai shall dispose of the same within a period of two months thereafter. However, there shall be no order as to costs.

Speaking : Yes / No

28.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No To

1.The District Collector,

2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3.The Revenue Divisional Officer, Kovilpatti Taluk, Kovilpatti,

4.The Tahsildar, Kayathar Taluk,

5.The Revenue Inspector,

6.The Village Administrative Officer,

7.The Commissioner of Land Administration, Chennai.

P.T.ASHA, J. mm

28.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2023 CORAM THE HONOURABLE Ms.JUSTICE P.T.ASHA M/S.Arasan Fertilizer Pvt Ltd., represented by its Managing Director, K.Ganesan, S/o.Late.R.Kasirajan, 43/4, Harvey Road, Kadambur Village, Thoothukudi District 628 714. ... Petitioner /vs./ 1.The District Collector, 2.The District Revenue Officer, Thoothukudi District, Thoothukudi. 3.The Revenue Divisional Officer, Kovilpatti Taluk, Kovilpatti, 4.The Tahsildar, Kayathar Taluk, 5.The Revenue Inspector, 6.The Village Administrative Officer, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 03-10-2019 to rectify/reclassify the classification of the land in Sy.No.45/5, Harvey Road, Kadambur Village, SRO Kadambur, Palayamkottai Registration District, Thoothukudi District forthwith as a Dry Land from Grama Natham and to issue separate patta in the name of M/s. Arasan Fertilizer Pvt Ltd., within the time stipulated by this Court. For Petitioner : Mr.P.M.Vishnvarthanan For Respondents : Mr.J.John Rajadurai Government Advocate