P.Venkat v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.15098 of 2016 P.Venkat .. Petitioner Vs.

1.The Tahsildar, Mettur Taluk, Mettur Dam-1, 2.The Firka Surveyor, Pottaneri Firka, Mallikundam Village, Mettur Taluk, Salem District.

3.The Inspector of Police, Mecheri Police Station, Mecheri, Mettur Taluk, 4.V.Rajagopal @ Kannupaiyan 5.V.Venkatraman .. Respondents The Writ Petition has been filed, under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to measure the petitioner's land, with the assistance of the third respondent and to issue a separate patta, in the name of the petitioner, in Survey Nos.182/4G, 183/1A and 183/E, having an extent of 1.15 acres, at Malliguntham village, Mettur Taluk, Salem District, in view of the petitioner's representation, dated 17.3.2016. For Petitioner : Mr.A.Esakkiappan For Respondents : Mr.K.Dhananjayan,Spl.G.P for RR1 to 3 No appearance for R-4 R-5 deceased - - - -

ORDER

Heard.

This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 to measure the land of the petitioner, in S.Nos.182/4G, 183/1A and 183/E, at Malliguntham village, Mettur Taluk, Salem District, and to issue a separate patta in his name, pursuant to his representation, dated 17.3.2016. The learned counsel appearing on behalf of the respondents 1 to 3 had submitted that the land in question would be surveyed, by the second respondent, based on the directions issued by the first respondent, pursuant to the request made by the petitioner, in his representation, dated 17.3.2016 and on the petitioner paying the necessary fee and on his submitting the relevant documents, in support of his claim.

He had further submitted that the fifth respondent had died and therefore, notices regarding the survey would be issued to the fourth respondent, as well as to the legal heirs of the deceased - fifth respondent and the other persons concerned, if any, before the land is surveyed. Thereafter, if it is found to be appropriate, the petitioner would be issued with a separate patta, in respect of the land in question.

In view of the said submissions made by the learned counsel appearing on behalf of the respondents 1 to 3, the first respondent is directed to consider the representation of the petitioner, dated 17.3.2016, and to pass appropriate orders thereon, by following the necessary procedures, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition stands disposed of, with the above directions. No costs.

vvk -s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To 1.The Tahsildar, Mettur Taluk, Mettur Dam-1,

2.The Firka Surveyor, Pottaneri Firka, Mallikundam Village, Mettur Taluk, Salem District.

3.The Inspector of Police, Mecheri Police Station, Mecheri, Mettur Taluk, + 1 cc to M/s.A.Esakkiappan, Advocate SR 45622 + 1 cc to Govt.Pleader SR 45952 rsi(co) prkl29/8 Writ Petition No.15098 of 2016