P.Anbarasu v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Anbarasu S/o.Late Perumal, No.140- 4 Malai Street, Mamampathi Post, Thiruporur Taluk, Chengelpet District.

Petitioner Vs

1. The Revenue Divisional Officer Chengelpet District, Chengelpet.

2.The Tahsildar, Thiruporur, Chengelpet District.

Respondent(s) Prayer:

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's application dated 28/12/2022 seeking to mutate the revenue records by conducting survey and issue patta in the name of the petitioner. 1/4

For Petitioner :

Mr.D.Krishnamoorthy For Respondents :

Mr.P.Sathish Additional Government Pleader *****

O R D E R

This writ petition has been filed for issue of a writ of mandamus directing the first respondent to pass orders on the application submitted by the petitioner on 28.12.2022 within a time frame fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The case of the petitioner is that the subject property originally belonged to his parents. They executed four registered settlement deeds in the year 2009. As per the settlement deeds, one portion was given in favour of the legalheirs of the petitioner's brother Devaraj. Another portion was given in favour of another brother P.Kumar. Another portion was given in favour of the petitioner and remaining portion was given in favour of another brother P.Kesavan. On the basis of the settlement deeds, it seems that two of the brothers had submitted an application for patta. Based on the same, Patta Nos.134, 135, 136 and 137 were issued exclusively in their names. Under such 2/4

circumstances, the petitioner filed an application dated 05.06.2020 for issuing separate patta in his name with respect to the portion of the property that was settled in favour of the petitioner in Document No.1342 of 2009. On receipt of the same, a survey was conducted and the Surveyor came to a conclusion that brothers of the petitioner are in possession of the property and the entire property stands in their names as per revenue records. Under such circumstances, a representation was given to the first respondent. Since the same was not acted upon, the present writ petition has been filed before this Court.

4. The grievance expressed by the petitioner is that, the entire extent of the property now stands in the names of two brothers in the revenue records and that the same requires to be cancelled and patta has to be issued to the respective co-owner for the extent that was settled in their favour by the parents. Under such circumstances, the petitioner is directed to make a fresh representation to the first respondent along with all relevant documents. The first respondent, on receipt of the same, shall conduct an enquiry, after giving an opportunity to all interested parties and final orders shall be passed within a period of eight weeks from the date of receipt of fresh representation from the petitioner. 3/4

N.ANAND VENKATESH, J mk The Writ Petition is disposed of in the above terms. There shall be no order as to costs.

21.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To

1. The Revenue Divisional Officer Chengelpet District, Chengelpet.

2.The Tahsildar, Thiruporur, Chengelpet District.

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