D.Sivalingam, v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4089 of 2020 D.Sivalingam

...Petitioner

vs.

1. The Revenue Divisional Officer, Revenue Divisional Office, Vridhachalam,

2. The Tahsildar cum Executive Magistrate, Taluk Office, Tittagudi,

3. The Revenue Inspector, Pennadam, Tittagudi Taluk,

4. The Executive Officer, Pennadam Town Panchayat, Pennadam,

5. The Inspector of Police, Pennadam Police Station,

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2nd respondent to implement the order passed in Na.Ka.No.3524/2018 dated 04.12.2018 and consequently direct the respondents to measure the property in survey no.148/2, 149/2 situated at pennadam village, Tittagudi Taluk restore the same as per the registered sale deed.

For Petitioner : M/s.R.Selvakkodi

For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, to direct the 2nd respondent to implement the order passed in Na.Ka.No.3524/2018 dated 04.12.2018 and consequently, direct the respondents to measure the property comprised in Survey Nos.148/2 and 149/2 situated at Pennadam Village, Tittagudi Taluk and restore the same as per the registered sale deed.

2. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the 2nd respondent is directed to conduct enquiry on the representation of the petitioner dated 30.10.2019 to measure the subject property and to issue fresh patta in his name, after issuance of notice to the petitioner, the 4th respondent herein and counter parties, if any and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. During the enquiry, the petitioner is at liberty to produce all the relevant documents before the 2nd respondent.

3. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dm To

1. The Revenue Divisional Officer, Revenue Divisional Office, Vridhachalam,

2. The Tahsildar cum Executive Magistrate, Taluk Office, Tittagudi,

3. The Revenue Inspector, Pennadam, Tittagudi Taluk,

4. The Executive Officer, Pennadam Town Panchayat, Pennadam,

5. The Inspector of Police, Pennadam Police Station, +1 CC to M/s.R. Selvakodi, Advocate sr 6690 +1 CC to The Government Pleader sr 7370.

W.P.No.4089 of 2020 AJB(CO) SP(222/02/2022)