Manu v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.5567 OF 2022 Manu ... Petitioner Vs.

1. The Revenue Divisional Officer, Tiruchengode, Namakkal District.

2. The Tahsildar, Tiruchengode Taluk, Namakkal District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to point out the field boundaries by survey the measurement of a property comprised in Survey No.21/2, situated at Konangipalayam Village, Namakkal District for sub division of Patta transfer in favor of petitioner's father in pursuance of her representation dated 20.12.2021. For Petitioner :

Mr.M.Suresh For Respondents :

Mr.A.Anandan Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 2nd respondent to point out the field boundaries by survey the measurement of a property comprised in Survey No.21/2, situated at Konangipalayam Village, Namakkal District for sub division of Patta transfer in favor of petitioner's father in pursuance of her representation dated 20.12.2021.

2. The learned Government Advocate takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property in Survey No.21/2, an extent of 12 cents in Konangipalayam Village, Tiruchengode Taluk, Namakkal District. Petitioner's father made a representation before the 2nd respondent, on 15.11.2021 for transfer of Patta. Subsequently, petitioner's father passed away. Hence, the petitioner made a representation on 20.12.2021 for transfer of Patta. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

4. The learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the respondents to consider the petitioner representation dated 20.12.2021 and pass orders within the time frame that may be stipulated by this Court.

5. The learned Government Advocate appearing on behalf of the official respondents submitted that the petitioner's representation dated 20.12.2021 will be considered within a reasonable time that may be fixed by this Court.

6. Without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's representation dated 20.12.2021 and pass appropriate orders on merits and in accordance with law, after affording an opportunity to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar Psa

To

1. The Revenue Divisional Officer, Tiruchengode, Namakkal District.

2. The Tahsildar, Tiruchengode Taluk, Namakkal District.

+1cc to M/s.M.Subash, Advocate, S.R.No.16757 +1cc to the Government Pleader, S.R.No.17055 W.P.No.5567 of 2022 MT(CO) RLP(29/03/2022)