P.Doraiswami v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.20421 of 2015 P.Doraiswami .. Petitioner - Vs -
1. The District Revenue Officer, Vellore District, Vellore.
2. The Revenue Divisional Officer, Arcot, Vellore District.
3. The Assistant Director, Tamil Nadu Land Survey Record Department, Sathuvachari, Vellore - 9.
4. The Special Tahsildar for Town Survey, Revenue Divisional Office Campus, Ranipet, Arcot Town, Vellore District.
5. Karpagam .. Respondents Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 to 4 to consider the representation of the petitioner dated 10.03.2015 in relation to the order made in R.T.R.No.342/2006 dated 01.08.2007, pertaining to the transfer of Patta in respect of T.S.No.135, Block No.7, Ward-B, Arcot Town, Vellore District in favour of the fifth respondent and consequently further direct the fifth respondent herein not to interfere with the petitioner's right, title and in any way encumbering the aforesaid land. Petitioner : Ms.S.Hemalatha For Respondents : Mr.RAS. Senthilvel Additional Government Pleader
O R D E R
By consent, the writ petition is take up for final disposal.
2. The petitioner claims to be the absolute owner of the property situated at Door No.104, New Door No.48, Radhakrishnan Street, Arcot Town, Vellore District and also a vacant land situated at Arcot Town
measuring an extent of 3.59 cents. He would further state that he had effected necessary mutation in the revenue records of B Ward, Block No.7, T.S.No.135 and also obtained patta in his name. The petitioner in order to lay the common road for free access to neighbours and adjacent land owners, spared a part of his land and on account of the same, his property have been divided into two. The petitioner later on came to know that the 5th respondent who is the owner of the northern side of the above said vacant land comprised in T.S.No.135 with the support of the 4th respondent fabricated the documents and got the vacant land registered in his name and the petitioner in this regard, submitted a representation dated 30.07.2013 to the 4th respondent and followed by reminded dated 10.03.2015 to the third respondent, who in turn, directed the 4th respondent to take appropriate action. Since no action has been taken, he has came forward to file this writ petition.
3. Heard the submissions of Ms.S.Hemalatha, learned counsel appearing for the petitioner and Mr.RAS.Senthilvel, learned Additional Government Pleader accepts notice for the respondents 1 to 4.
4. This Court without going into the merits of the case as projected by the petitioner in this writ petition or in his representation, directs the 4th respondent to act on the communication of the 3rd respondent in O.Mu.E4/1576/2015, dated 12.03.2015 and furnish a report within a period of three weeks from the date of receipt of a copy of this order. The 3rd respondent on receipt of the same is directed to consider the same and pass orders in accordance with law after putting the concerned persons on notice within a period of six weeks thereafter and communicate the decision taken, to the petitioner as well as the persons concerned. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kk
To
1. The District Revenue Officer, Vellore District, Vellore.
2. The Revenue Divisional Officer, Arcot, Vellore District.
3. The Assistant Director, Tamil Nadu Land Survey Record Department, Sathuvachari, Vellore - 9.
4. The Special Tahsildar for Town Survey, Revenue Divisional Office Campus, Ranipet, Arcot Town, Vellore District.
+1cc to M/s. S. Hemalatha, Advocate, S.R.No.36732 +1cc to the Government Pleader, S.R.No.35026 GGK(CO) EU(05/08/2015) W.P.No.20421 of 2015