Kumaraswamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kumaraswamy ... Petitioner(s) Vs.

1.The Revenue Divisional Officer, Collector Office Line, Sathuvachari, Vellore - 632 009.

2.Tahsildar, Anaicut Main Bazzar, BDO Office, Anaicut Taluka, Vellore - 632 101.

3.Village Administrative Officer, Erayankadu Panchayat, Panchayat Office Road, Anaicut Taluk, Erayankadu - 632 104.

4.Panchayat President, Erayankadu Panchayat, Pillayar Kovil Street, Panchayat Officer Road, Anaicut Taluk, Erayankadu - 632 104.

... Respondent(s) 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to consider petitioner's representation dated 12.03.2025 and issue a patta in petitioner's favour for Survey No.412/1A, 412/1B and 412/1C at No.32 Pillayar Kovil Street, Pallakollai Village, Eriyankadu Panchayat Unaipallathur, Anaicut Taluka, Vellore District. For Petitioner(s) : Mr.Sunny Sheen akkara for Ms.V.Srimathi For Respondent(s) : Mr.A.Selvendran for R1 to R3 Special Government Pleader Mr.M.Bindran for R4 Additional Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2.The present writ petition is filed praying for a writ of mandamus to direct the 2nd respondent to consider petitioner's representation dated 12.03.2025 and to issue a patta in petitioner's favour for the land comprised in S.Nos.412/1A, 412/1B and 412/1C, measuring an extent of 81 cents, situated at No.32 Pillayar Kovil Street, Pallakollai Village, Eriyankadu Panchayat Unaipallathur, Anaicut Taluk, Vellore District. 3.It is submitted by the learned counsel for the petitioner that petitioner is the owner of the subject property comprised in S.No.412, 2/6

measuring an extent of 81 cents, situated at No.32 Pillayar Kovil Street, Pallakollai Village, Eriyankadu Panchayat Unaipallathur, Anaicut Taluk, Vellore District, was purchased by the petitioner's father vide a Sale Deed dated 11.12.1972 from One Padmanaban. After demise of petitioner's father, petitioner has been in continuous possession and enjoyment of the subject property since then. S.No.412 was sub divided into S.No.412/1A, 412/1B, 412/1C in 2014 according to the petitioner, above sub division carried out without putting the petitioner on notice. It is further submitted that, petitioner submitted a representation dated 12.03.2025 to issue patta in favour of petitioner, wherein it has been stated that one of the survey number stands in the name of Village Panchayat President/4th respondent herein.

4.Learned Special Government Pleader would submit that they would conduct an enquiry after issuance of notice to the petitioner as well as 4th respondent and pass appropriate orders within a time frame to be fixed by this Court.

5.On instructions, learned Additional Government Pleader for 4th respondent would submit that they undertake not to proceed further until 3/6

the disposal of the above representation, which was agreed to by the learned counsel for the petitioner.

6.In view of the same, considering the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the 2nd respondent, to consider the petitioner's representation dated 12.03.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, 4th respondent and any other interested parties/rival claimants, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

7. Accordingly, the writ petition stands disposed of. No costs. 04.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam 4/6

To 1.The Revenue Divisional Officer, Collector Office Line, Sathuvachari, Vellore - 632 009.

2.Tahsildar, Anaicut Main Bazzar, BDO Office, Anaicut Taluk, Vellore - 632 101.

3.Village Administrative Officer, Erayankadu Panchayat, Panchayat Office Road, Anaicut Taluk, Erayankadu - 632 104.

4.Panchayat President, Erayankadu Panchayat, Pillayar Kovil Street, Panchayat Officer Road, Anaicut Taluk, Erayankadu - 632104.

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MOHAMMED SHAFFIQ, J.

pam 04.06.2025 6/6