Sagundhala v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.14241 of 2021 Sagundhala ... Petitioner Vs

1. The Revenue Divisional Officer, Tiruttani RDO Office, Tiruttani Taluk, Thiruvallur District.

2. The Tahsildar, Tiruttani Taluk Office, Tiruttani Taluk, Thiruvallur District.

3. Taluk Deputy Inspector, Land Survey, Tiruttani Taluk Office, Tiruttani Taluk, Thiruvallur District.

4. The Firka Surveyor, Land Srvey, Tiruttani Taluk Office, Tiruttani Taluk, Thiruvallur District.

5. Gopal ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider and dispose the representation made by the petitioner on 20.11.2017, 16.12.2019, 08.12.2020 for issue independent, sub divided patta in Thiruvallur District, Thiruttani Revenue Division Office (R.D.O), Thiruttani Taluk, Revenue No.20, Karthikayapuram Village, Survey No.215/26B, totally measuring an extent of 0-03.5 Ares or 3769 square feet out of 0-01.0 Ares or 1134 square feets of land with house.

For petitioner ...

Mr. K. Yuvaraj For respondents ...

Mr. Yogesh Kannadasan, Government Advocate for R1 to R4

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to consider the petitioner's representation.

2. According to the petitioner, there is a discrepancy with regard to the extent of property while issuing patta to his land in Survey No.215/26B, Karthikayapuram Village, Thiruttani Taluk in favour of the petitioner as well as the 5th respondent. To rectify the same, earlier, the petitioner said to have filed an application before the Revenue Divisional Officer, Tiruttani. In turn, the Revenue Divisional Officer directed the petitioner to approach the 2nd respondent/Tahsildar. Pursuant to the same, the petitioner has also approached the 2nd respondent and in turn, the 2nd respondent issued a notice to appear for enquiry and also direct him to produce all the records, enabling them to issue a separate patta, by a notice dated 24.08.2020. Pursuant to the same, the petitioner has also appeared before the 2nd respondent and submitted all the records. But, so far no order has been passed. Hence, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 4.

4. In view of the nature of the order going to be passed in the writ petition, which no way prejudice the interest of the 5th respondent, notice to the 5th respondent is dispensed with.

5. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, and also the fact that the petitioner's representation is pending with the 2nd respondent, without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's representation and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as other interested parties, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mrp To

1. The Revenue Divisional Officer, Tiruttani RDO Office, Tiruttani Taluk, Thiruvallur District.

2. The Tahsildar, Tiruttani Taluk Office, Tiruttani Taluk, Thiruvallur District.

3. Taluk Deputy Inspector, Land Survey, Tiruttani Taluk Office, Tiruttani Taluk, Thiruvallur District.

4. The Firka Surveyor, Land Srvey, Tiruttani Taluk Office, Tiruttani Taluk, Thiruvallur District.

W.P. No.14241 of 2021 pch[co] srg 06/08/2021