S.Saravanan v. The Revenue Divisional Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN S.Saravanan ... Petitioner Vs.
1. The Revenue Divisional Officer, Krishnagiri.
2. The Thasildar, Taluk Office, Pochampalli Taluk, Krishnagiri District - 635 123.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take appropriate decision based on the petitioners representation dated 13.06.2023 for survey the land and thereby rectify the error made in the patta No.2322 in so far as relates to the portion of extend of land in Survey No.424 (New Survey No.424/4) which is wrongly mentioned as 0.08 Hectares of land instead of correct extend of land being 2.92 Acres of land situated at Damodarhalli Village (Revenue) Pochampalli Taluk Krishnakiri District as per the Registered Sale Deed bearing No.1839 of
2011 dated 19.12.2011 at the Sub-Registrar office, Barur, thereupon issue patta to the petitioner.
For Petitioner : Mr.M.Vignesh For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
This Writ Petition has been filed to to issue a Writ of Mandamus, directing the respondents to take appropriate decision based on the petitioners representation dated 13.06.2023 for survey the land and thereby rectify the error made in the patta No.2322 in so far as relates to the portion of extend of land in Survey No.424 (New Survey No.424/4) which is wrongly mentioned as 0.08 Hectares of land instead of correct extend of land being 2.92 Acres of land situated at Damodarhalli Village (Revenue) Pochampalli Taluk Krishnakiri District as per the Registered Sale Deed bearing No.1839 of 2011 dated 19.12.2011 at the SubRegistrar office, Barur, thereupon issue patta to the petitioner.
2. Heard the learned counsel appearing for the petitioner and the
learned Special Government Pleader appearing for the official respondents.
3. The petitioner made application before the respondents on 13.06.2023 to survey his land and he has also paid requisite fees through E-challan. The respondent has not considered the petitioner's application so far. Hence the petitioner is constrained to file the present writ petition.
4. It is seen from the records, the petitioner purchased the property and also filed the application before the respondents to survey his land and he has also paid requisite fees through online. Subsequently the second respondent sent a communication to the Revenue Inspector, Barur to submit the report with regard to the petitioer representation. According to the petitioner he has not received any communication from the respondents and no survey has been conducted by the respondents so far.
5. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for
by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 13.06.2023, if the petitioner is otherwise eligible and conduct enquiry and survey in the manner known to law after issuing notice and giving opportunity of hearing to the petitioner, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/objectors if any, as the case may be and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
6. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.
08.02.2024 mfa Index:Yes/No Speaking Order: Yes/No
To
1. The Revenue Divisional Officer, Krishnagiri.
2. The Thasildar, Taluk Office, Pochampalli Taluk, Krishnagiri District - 635 123.
P.VELMURUGAN, J.
mfa 08.02.2024