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Madras High CourtWP/11945/2020disposed of

M.R.Srinivasan v. The Tahsildar

2020-09-02Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition Nos.11945 & 11946 of 2020 M.R.Srinivasan ...

Petitioner in both WPs -VsThe Tahsildar Madhavaram Taluk Gandhi Main Road Balaji Nagar, Chennai - 66.

.... Respondent in both WPs Prayer in W.P.No.11945 of 2020 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus Directing the respondent to conduct field survey and point out F-Line field measurement by demarcating the metes and bounds of the land in Survey No.14 49 with Sub division Nos.2B2A1 2B2A 83 2A1A1A1A 17C 17A3 17A1 altogether to an extent at 7.01 Acres situate at Mathur Village Madhavaram Taluk Chennai in Patta No.312 based on the petitioner representations dated 12.03.2020 & 17.03.2020.

Prayer in W.P.No.11946 of 2020 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus Directing the respondent to transfer the name in patta in the name of the petitioner based on the representation of the petitioner dated 06.03.2020.

For Petitioner :

Mr.Prabhakaran, Senior Counsel For Respondent :

Mr.Arul Das, Government Advocate - in WP 11945 of 2020 Mr.K.Parameswaran, Govt. Advocate - in WP 11946 of 2020 C O M M O N O R D E R The issue involved in both the writ petitions are common and therefore both the writ petitions are taken up together and this common order is passed.

2. The case of the petitioner is that the subject property was originally owned by the father of the petitioner and he died

on 23.04.2002 leaving behind the petitioner and his mother. The same is evident from the death certificate and the legal heirship certificate filed in the typed set of papers. The petitioner wanted the property to be subdivided in order to mark the boundary and to demarcate by metes and bounds and representations were made to the respondents on 12.03.2020 and 17.03.2020. It is further stated that the petitioner has also made the necessary payment for conducting the survey in the property. The petitioner has also made a representation on 06.03.2020 for issuance of patta in his name with regard to the subject property. Since the representations were not acted upon, the present writ petitions have been filed before this Court for appropriate directions.

3. Heard Mr.Prabhakaran, learned Senior Counsel appearing on behalf of the petitioner and Mr.Arul Das, learned Government Advocate appearing on behalf of the respondent.

4. Learned Government Advocate brought to the notice of this Court that the application submitted by the petitioner has been taken on file and the enquiry has been fixed on 04.09.2020. The learned counsel submitted that the petitioner will be heard and the petitioner can submit all relevant documents before the respondent and action will be taken within the time fixed by this Court.

5. In view of the above development, there shall be a direction to the respondent to act upon the representations made by the petitioner and take a decision on conducting the survey and transfer of Patta within a period of six weeks from the date of receipt of a copy of this order.

6. Both the above writ petitions are disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar KST To The Tahsildar Madhavaram Taluk Gandhi Main Road Balaji Nagar, Chennai - 66.

+2ccs to Mr.MA.Govthaman, Advocate SR.No.28780 +1cc to Government Pleader SR.No.28985 W.P.Nos.11945 & 11946 of 2020 GMY(08/09/2020)