Gopalakrishnan v. The Revenue Divisional Office

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Gopalakrishnan ... Petitioner

Versus

1. The Revenue Divisional office, Cheyyar, Tiruvannamalai District.

2. The Tahsildar, Chetpet Taluk, Chetpet, Tiruvannamalai District.

3. Duraikannu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 04.06.2020 and to cancel the sub division of survey No.108/1K2 of Ramapuram Village, Chetpet Taluk, and merge the land with original survey number 109/1K. For Petitioner : Mr.B.Jawahar For Respondent : Mr.P.Sathish, AGP for RR1 & 2

ORDER

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This writ petition has been filed seeking a direction to the second respondent to consider the representation of the petitioner dated 04.06.2020 and to cancel the sub division of survey No.108/1K2 of Ramapuram Village, Chetpet Taluk, and merge the land with original survey number 109/1K.

2. Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the respondents 1 & 2.

3. It is the grievance of the writ petitioner that while sub-dividing the property in S.No.108/1K, the name of the third respondent has been wrongly included in the revenue records. In this regard, the petitioner has given a representation to the second respondent and the same has not been considered so far and hence, the present petition.

4. The learned counsel for the respondent submitted that the petitioner has already filed an appeal before the Revenue Divisional Officer in this regard which is pending. The learned counsel for the petitioner is not able to answer the same.

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5. In such view of the matter, this Court directs the petitioner to file appeal before the Revenue Divisional Officer, Thiruvannamalai District within a period of 15 days from the date of receipt of a copy of this order challenging the order of the Tahsildar, if not already filed. Upon receipt of such appeal, the second respondent shall decide the same on merits and in accordance with law within a period of three months, thereafter.

6. With the above directions, the writ petition is disposed of. No costs. 10.01.2023 rli To

1. The Revenue Divisional office, Cheyyar, Tiruvannamalai District.

2. The Tahsildar, Chetpet Taluk, Chetpet, Tiruvannamalai District.

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N.SATHISH KUMAR, J.

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