K.Baskaran v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.9278 OF 2022 K.Baskaran ... Petitioner vs.

1.

The Revenue Divisional Officer, Ranipet, Ranipet District.

2.

The Tahsildar, Kalavai Taluk, Kalavai, Ranipet District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to take necessary steps to make subdivision in the petitioner's land situated in S.No.462/2, Melapalanthai Village, Kalavai Taluk, Ranipet District by disposing the written representation made by the petitioner on 08.11.2021 within a stipulated time as this Hon'ble Court fixes.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed seeking for a issuance of a writ of Mandamus to direct the respondents to take necessary steps to sub-divide the petitioner's land situated in S.No.462/2, Melapalanthai Village, Kalavai Taluk, Ranipet District by considering his representation dated 08.11.2021 within a stipulated time to be fixed by this Court.

2. The case of the petitioner is that he is the owner of the above said property situated at said Village. Thereafter, the petitioner is in possession and enjoyment of the same. In order to avail loan for agricultural purpose, he made several applications before the respondents and the last of which on 08.11.2021 to sub-divide the petitioner's land in respect of survey No.462/2. Since the respondents have not acceded to the petitioner's application, he has filed the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 08.11.2021 and pass appropriate orders on merits within a particular time frame to be fixed by this Court.

4. The learned Special Government Pleader for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents 1 and 2 to consider the said representation of the petitioner dated 08.11.2021 and pass appropriate orders and dispose of the said representation, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of 12 weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and it is for the respondents to decide the same at the time of disposing of the said representation purely on merits.

7. With the above observations and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rap

To

1. The Revenue Divisional Officer, Ranipet, Ranipet District.

2. The Tahsildar, Kalavai Taluk, Kalavai, Ranipet District.

+1cc to the Special Government Pleader, S.R.No.26394 W.P.No.9278 of 2022 SKM(CO) RLP(06/05/2022)