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Madras High CourtWP/9729/2022disposed of

M.Veerappan v. The Tahsildar

2022-04-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.9729 of 2022 M.Veerappan

...Petitioner

Vs.

1.The Tahsildar, Pennagaram Taluk, Dharmapuri District.

2.The Sub-Registrar, Palacode, Dharmapuri District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to update the sub-divisions effected in Survey No.310 of Vattuvanahalli Village, Pennagaram Taluk, Dharmapuri District in the Revenue Records so as to enable the second respondent to register documents pertaining to the petitioner's residential property bearing Door No.5/135B, Kodupatti Hamlet, Vattuvanahalli Village by considering the petitioner's representation dated 02.03.2022 in accordance with by affording opportunity of hearing to the petitioner. For petitioner :

Mr.S.Thirumavalavan For Respondents :

Mr.R.P.Murugan Raja Government Advocate

ORDER

The petitioner has filed this petition seeking direction to the first respondent herein to update the sub-divisions effected in Survey No.310 of Vattuvanahalli Village, Pennagaram Taluk, Dharmapuri District in the Revenue Records so as to enable the second respondent to register documents pertaining to the petitioner's residential property bearing Door No.5/135B, Kodupatti Hamlet, Vattuvanahalli Village by considering the petitioner's representation dated 02.03.2022 in accordance with by affording opportunity of hearing to the petitioner.

2. Mr.R.P.Murugan Raja, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by 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 was assigned House Site Patta No.369/1406, in the year 1997, measuring an extent of 0.01.0 aers comprised in Survey No.310/3, Vattuvanahalli Village, Pennagaram Taluk. However, when the petitioner intended to avail loan, the bank authorities reported that no subdivision was effected as per the survey number mentioned in the assignment Patta. Hence, the petitioner made a representation dated 02.03.2022, before the first respondent to update the sub-divisions effected in Survey No.310. However, till date no action has been taken by the first respondent on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the first respondent to consider the petitioner's representation dated 02.03.2022 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 02.03.2022 will be considered by the first respondent within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioner's representation dated 02.03.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar tri

To 1.The Tahsildar, Pennagaram Taluk, Dharmapuri District.

2.The Sub-Registrar, Palacode, Dharmapuri District.

+1cc to Mr.S.Thirumavalavan, Advocate Sr.No.27492 +1cc to the Government Pleader Sr.No.28367 W.P.No.9729 of 2022 SS(CO) RVM(11/05/2022)