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Madras High CourtWP/10768/2022disposed of

Mr. Vaigunda Gopala Krishnan v. The Thasildar

2022-04-29Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.NO.10768 OF 2022 Mr.Vaigunda Gopala Krishnan ... Petitioner Vs.

1. The Tahsildar, No.23, Taluk Office Road, Ponneri Taluk Office, Ponneri, Thiruvallur District - 601 204.

2. The Zonal Deputy Tahsildar, No.23, Taluk Office Road, Ponneri Taluk Office, Ponneri, Thiruvallur District - 601 204.

3. The Firka Surveyor, Sholavaram Firka, No.23, Taluk Office Road, Ponneri Taluk Office, Ponneri, Thiruvallur District - 601 204.

4. The Revenue Inspector, Sholavaram Firka, Sholavaram, Chennai - 600 067.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first and third respondents to consider and thereby disposing the representation made by petitioner on 27.12.2021, 24.01.2022, 24.02.2022 to respondent for survey, sub divided and transfer the patta of the Housing Property in Thiruvallur District, Ponneri Taluk, Aathathangal Village, Old Survey No.88, New Survey No.88/1B1A1A1, Old Patta No.465, Vijaya Garden Layout, measuring an extent of 3784 Square Feet's, Plot Numbers 498, 499, 504A, 503, 504, 515, 516, 526A, 526, 527, 533, totally measuring an extent of 3784 Square Feet of land and survey, sub divided and transfer the patta to in the name of petitioner as Mr.Vaigunda Gopala Krishnan.

For Petitioner : Mr.K.Yuvaraj For Respondents : Mr.A.Anandan Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the first and third respondents to consider and thereby dispose of the representations made by petitioner on 27.12.2021, 24.01.2022, and 24.02.2022 to the respondent for survey, sub-division and transfer the patta of the house property in Thiruvallur District, Ponneri Taluk, Aathathangal Village, Old Survey No.88, New Survey No.88/1B1A1A1, Old Patta No.465, Vijaya Garden Layout, measuring an extent of 3784 Square Feet, Plot Numbers 498, 499, 504A, 503, 504, 515, 516, 526A, 526, 527, 533, totally measuring an extent of 3784 Square Feet of land, and survey, sub-divide and transfer the Patta to in the name of petitioner as Mr.Vaigunda Gopala Krishnan.

2. The case of the petitioner is that he had purchased the aforesaid property on 15.02.2016 through registered Sale Deed, vide Document No.1207 of 2016. Subsequent to the purchase of the aforesaid property, the petitioner is the absolute owner and is in possession and enjoyment of the same. However, the Patta stands in the name of the vendor of the petitioner. Therefore, the petitioner made several representations dated 27.12.2021, 24.01.2022 and 24.02.2022 before the first respondent, seeking to survey, sub-divide and transfer the Patta in the name of the petitioner. As the said representations made by the petitioner has evoked no response, the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the first and third respondents to consider the petitioner's representations dated 27.12.2021, 24.01.2022, and 24.02.2022 and pass orders on the same, within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for the said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the first and third respondents to consider the petitioner's representations dated 27.12.2021, 24.01.2022, and 24.02.2022 and pass appropriate 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.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jd/rap To

1. The Tahsildar, No.23, Taluk Office Road, Ponneri Taluk Office, Ponneri, Thiruvallur District - 601 204.

2. The Zonal Deputy Tahsildar, No.23, Taluk Office Road, Ponneri Taluk Office, Ponneri, Thiruvallur District - 601 204.

3. The Firka Surveyor, Sholavaram Firka, No.23, Taluk Office Road, Ponneri Taluk Office, Ponneri, Thiruvallur District - 601 204.

4. The Revenue Inspector, Sholavaram Firka, Sholavaram, Chennai - 600 067.

+1cc to Mr.K.Yuvaraj, Advocate, SR.NO.29819 W.P.No.10768 of 2022 SS(CO) PM/30/05/2022