Ar.Senthilnathan v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AR.Senthilnathan ...

Petitioner versus The District Revenue Officer, Singaravelan Maaligai, Rajaji Salai, Chennai - 600 001.

...

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to dispose of the Appeal dated 10.12.2022 (sent on 24.12.2022 by RPAD) filed by the petitioner and acknowledged by the respondent on 27.12.2022 and to issue Patta to the petitioner with respect to his 1/5 share in the property measuring 5 grounds and 443 sq.ft. in the land and premises bearing Plot No:10, New Beach Road, Thiruvanmiyur, Chennai - 600 041, comprised in Survey No.214/2 of Thiruvanmiyur Village, Saidapet Taluk, Chennai Corporation limits in the light of the order passed in W.P.No.9722 of 2017 dated 30.06.2021.

For Petitioner :

M/s.K.M.Valsala For Respondent :

Mr.A.Selvendran 1/4

Special Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the respondent to issue patta to the petitioner for the land comprised in Survey No.214/2 measuring an extent of 5 grounds and 443 sq.ft., situated at Plot No:10, New Beach Road, Thiruvanmiyur, Chennai - 600 041, by considering the petitioner's appeal dated 10.12.2022.

3.

Heard learned counsel for the petitioner and the learned Special Government Pleader for the respondent and perused the materials available on record.

4.

The case of the petitioner is that the subject property has been purchased by the father of the petitioner and after his demise, the petitioner and his two sisters are in peaceful possession and enjoyment of the property and paying tax to the revenue authorities. Therefore, the petitioner had 2/4

requested the Tahsildar to issue a separate patta in the name of the petitioner and demarcate the petitioner's 1/5 share. However, the same has not been considered by the Tahsildar. Therefore, the petitioner had made an appeal dated 10.12.2022 for the issuance of a separate patta to him. But the same has not been considered by the respondent.

5.

Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the respondent to dispose of the appeal filed by the petitioner dated 10.12.2022 and pass appropriate orders on the same for issuance of patta in the name of the petitioner, after giving notice to the neighbouring land owners, on its own merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6.

With the above direction, this writ petition is disposed of. No costs.

18.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No 3/4

sri N.SATHISH KUMAR , J.

sri To The District Revenue Officer, Singaravelan Maaligai, Rajaji Salai, Chennai - 600 001.

18.04.2024 4/4