D.Dinakaran v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11415 of 2015 and M.P.No.1 of 2015 1.

D.Dinakaran

...Petitioner

- Vs -

1. The Tahsildar Arni Taluk, Arni, Thiruvannamalai District.

2. Muthu

...Respondents

Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to measure the petitioner's land situated in S.Nos.302/1C1, 302/1, 294/2A, 294/1, 302/1A and 294/1A, 294/2, Pungambadi Village, Arni Taluk, Thiruvannamalai District to the extent of 4.66 acres of land with help of the Taluk Surveyor consequently making sub division and issue the separate patta in the petitioner's name.

Petitioner : Mr.C.Prakasam For Respondent 1 : Mr.RAS.Senthilvel Additional Government Pleader

O R D E R

By consent, the writ petition is take up for final disposal.

2. The petitioner claims that he purchased lands in S.Nos.302/1C1, 302/1, 294/2A, 294/2, 294/1, 302/1A and 294/1A, Pungambadi Village, Arni Taluk, Thiruvannamalai District to the extent of 4.66 acres and he is enjoying the said land by cultivating

it. The petitioner decided to get a separate Patta in his name by making sub-division. Therefore, he approached the first respondent with a written representation dated 28.07.2014, to measure the land and issue a separate patta. He claims that he has also paid the prescribed fees. It is further submitted by the petitioner that the second respondent with an ulterior motive raised objections before the first respondent and therefore the first respondent by his proceedings No.RTR/1941/2014, dated 24.03.2015 called upon the petitioner and the 2nd respondent for enquiry. It is further submitted by the petitioner that on that day he appeared along with all necessary documents but the second respondent did not appear. Thereafter, no action has been taken by the first respondent, therefore, the petitioner submitted a reminder dated 13.04.2015 to the first respondent praying for appropriate orders. Since he has not been favoured with any orders, he came forward with this writ petition.

3. Heard the submissions of Mr.C.Prakasam, learned counsel appearing for the petitioner and Mr.RAS.Senthilvel, learned Additional Government Pleader accepts notice for the first respondent.

4. Though the petitioner has come up with a larger relief, in the facts and circumstances of this case, it would be suffice to direct the first respondent to consider and dispose of the application of the petitioner dated 13.04.2015 for issuance of separate patta in accordance with law, after putting on notice the second respondent and pass orders as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the second respondent. The writ petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(LA) //True Copy// Sub Assistant Registrar kk

To The Tahsildar Arni Taluk, Arni, Thiruvannamalai District.

1 CC to Mr.C.Prakasam, Advocate SR.No. 21600 W.P.No.11415 of 2015 and M.P.No.1 of 2015 MSM (CO) PSI(13.05.2015)