E.Maheswaran v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2019

CORAM

THE HONORABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12633 of 2019 E.Maheswaran

...Petitioner

Vs.

1. The District Revenue Officer, Dharmapuri District, Dharmapuri.

2. The Assistant Director, District Land Survey Office, Dharmapuri - 5.

3. The Tahsildar, Harur Taluk, Dharmapuri District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 2 and 3 herein to dispose of the petitioner's representation dated 23.01.2019 in accordance with law and within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.S.N.Parthasarathy Government Advocate

O R D E R

Mr.S.N.Parthasarathy, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents 2 & 3 to dispose of his representation dated 23.01.2019, wherein and whereby, he sought for correcting the measurements and the boundaries in the sketch.

3. It is stated that the petitioner has obtained the property in S.F.No.241/2 measuring an extent of about 1.30 acres, situated at Pairanaickenpatti, Harur Taluk, Dharmapuri https://hcservices.ecourts.gov.in/hcservices/

District, vide the partition deed dated 24.12.2008, registered as Document No.4420/2008. It is further stated that the said property was subdivided as S.F.No.241/2A and separate patta bearing Patta No.1445 was also issued to the petitioner. It is further stated that while effecting subdivision, the measurements and boundaries were wrongly fixed in the sketch. Therefore, the petitioner sent a representation dated 23.01.2019 to the respondents requesting them to correct the sketch as per the measurements and boundaries in the partition deed. However, the same has not been considered by the respondents so far. Hence, the present writ petition.

4. Heard both sides.

5. This Court at this stage is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider and decide the same. Thus, this writ petition is disposed of, only by directing the third respondent to consider the representation of the petitioner dated 23.01.2019 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the third respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// mk Sub Assistant Registrar To

1. The District Revenue Officer, Dharmapuri District, Dharmapuri.

2. The Assistant Director, District Land Survey Office, Dharmapuri - 5.

3. The Tahsildar, Harur Taluk, Dharmapuri District.

+1 cc to M/s.K.Govi Ganesan, Advocate, S.R.No.41509 W.P.No.12633 of 2019 PPA(CO) SSM(28/05/2019) https://hcservices.ecourts.gov.in/hcservices/