K.Agathiyan v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 31.01.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.2323 of 2020 K.Agathiyan ... Petitioner Vs The Revenue Divisional Officer, Ponneri Taluk, Thiruvallur District.
... Respondent PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider and dispose the petitioner's representation dated 01.08.2019 seeking permission to take sand from Petitioner's father's land to construct house in petitioner's land at the earliest.
For Petitioner : Mr.T.K.S.Bharathy Anandraj For R1 & R2 : Mr.R.A.S.Sakthivel Additional Government Pleader
ORDER
The Writ Petition has been filed in the nature of mandamus seeking direction to the respondent Viz., the Revenue Divisional Officer,Ponneri Taluk, Thiruvallur District to consider the representation of the petitioner dated 01.08.2019. 2.By the said representation, the petitioner had sought permission to take sand from the land of the petitioner's father which is adjacent to the land of the petitioner's house, for construction of a house in the petitioner's land. In the affidavit filed in support of the Writ Petition, it has been stated that land in S.No.89 Kottur Village, Ponneri Taluk, Thiruvallur District in S.No. 214/4, New S.No.214/4D, patta No.602, to an extent of 0.77 acres was settled to the petitioner by his father through a settlement deed dated 25.01.2019, regitered in the office of the Sub Registrar Officer, Ponneri, vide document No.380/2019.
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3.The petitioner seeks to build a house in the land. The petitioner's father's land is also situated in the same village in S.No.206-7B, Patta No.5671 adjacent to the petitioner's land and which measures 8.00 acres. The father, Mr.Kasi gave permission to take sand from the land. Seeking permission the petitioner had given a representation to the respondent namely Revenue Divisional Officer dated 01.08.2019. 4.Mr.R.A.S.Sakthivel Learned Additional Government Pleader takes notice for the respondent. By consent, this Writ Petition itself is disposed of.
5.Mandamus is issued notice to the respondent to consider and pass orders on the representation dated 01.08.2019. If any enquiry is required or if any clarification is required, the respondent may issue notice to the petitioner seeking personal appearance and thereafter, pass final orders on or before 28.02.2020.
6.With the above observations, this Writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar vsn To The Revenue Divisional Officer, Ponneri Taluk, Thiruvallur District.
+1cc to Mr.T.K.S.Bharathy Anandraj, Advocate, S.R.No. 8037 +1cc to the Government Pleader, S.R.No. 8128 W.P.No.2323 of 2020 SV(CO) GN(18/02/2020) https://hcservices.ecourts.gov.in/hcservices/