R.Suresh v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.10364 of 2022 R.Suresh ... Petitioner Vs.

1. The Revenue Divisional Officer, Taluk Office Complex, Opp. Mepz, GST Road, Kadaperi, West Tambaram, Chennai 600 045.

2. The Tahsildar, Tambaram Taluk, Tambaram.

3. The Revenue Inspector (Chitlapakkam) 2nd Main Road, Chitlapakkam, Chennai 600 064.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 22.10.2019 regarding issue the patta to the petitioner based on the documents in favour of the petitioner relating to the land measuring 8.28 cents, comprised in Survey No.22/8A, situated in Mappedu, Thiruvenchery Village, Tambaram Taluk and within the Sub Registration District of Pallavaram. For Petitioner : M/S.R.Saravanakumar For Respondents : Mr.R.P.Murugan Raja Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the first respondent to consider the representation of the petitioner, dated 22.10.2019,

regarding issuance of Patta to the petitioner, based on the documents in favour of the petitioner relating to the land measuring 8.28 cents, comprised in Survey No.22/8A, situated in Mappedu, Thiruvenchery Village, Tambaram Taluk and within the Sub-Registration District of Pallavaram.

2. The case of the petitioner is that he had purchased the aforesaid property from one Sapuramma, through registered Sale Deed dated 08.01.1993, vide Document No.2023/1993. Subsequent to the purchase of the aforesaid property, the petitioner is in absolute possession and enjoyment of the same. While so, the petitioner made representation before first respondent/Revenue Divisional Officer, vide his letter/representation dated 22.10.2019, seeking to issue Patta in his name based on the documents in respect of the aforesaid land. Further, the petitioner received a letter from the first respondent for enquiry on 10.02.2021, stating that one Mr.Senthil Kumar also applied for Patta on 19.03.2020 for the land in Survey No.

22/8, and that the land in the said Survey number was acquired under the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978. On 10.02.2021, the petitioner had appeared for the enquiry before the first respondent along with original deed and documents, wherein the petitioner came to know that an extent of 0.32 cents was allotted to one Mr.Dhanapal. However, in respect of 8.28 cents purchased by the petitioner, no claim was made by any person and the aforesaid land is vacant till now. Thereafter, the petitioner was informed that the result of the enquiry would be informed to the petitioner. However, till date, the respondents had not communicated the same to the petitioner. Hence, 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 respondent to consider the petitioner's representation dated 22.10.2019 and conclude the enquiry dated 10.02.2021 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 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 respondent to conclude the enquiry dated 10.02.2021 by considering the petitioner's representation dated 22.10.2019 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 observation and direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar jd/rap To

1. The Revenue Divisional Officer, Taluk Office Complex, Opp. Mepz, GST Road, Kadaperi, West Tambaram, Chennai 600 045.

2. The Tahsildar, Tambaram Taluk, Tambaram.

3. The Revenue Inspector (Chitlapakkam) 2nd Main Road, Chitlapakkam, Chennai 600 064.

+1cc to the Government Pleader, S.R.No.30421 W.P. No.10364 of 2022 RGN(CO) SB(19/05/2022)