A.Sekar v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.13549 of 2019 A.Sekar

...Petitioner

Vs.

1. The Revenue Divisional Officer, Tindivanam, Villupuram District.

2. The Thasildhar, Melmalayanur Taluk, Melmalayanur, Villupuram District.

3. The Revenue Inspector, Avalurpettai, Melmalayanur Taluk, Villupuram District.

4. The Village Administrative Officer, Melvailamoor Village, Melmalayanur Taluk, Villupuram District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus,directing the 2nd respondent herein to consider the petitioner application dated 15.04.2019 in application No.2019/0105/181981 and consequently issue patta in Survey Nos.331/2D1- 0.26 cents, 331/2D2 - 0.09 cents and 331/2A2 - 0.02 1⁄2 cents situated at Melvailamoor Village, Melmalayanur Taluk, Villupuram District in favour of the petitioner.

For Petitioner :

Mr.G.Saravanan For Respondents:

Mr.V.Prabhu Government Advocate O R D E R Mr.V.Prabhu, 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 2nd respondent herein to consider the petitioner application dated 15.04.2019 in application No.2019/0105/181981 and consequently issue patta in Survey Nos.331/2D1- 0.26 cents, 331/2D2 - 0.09 cents and 331/2A2 - 0.02 1⁄2 cents situated at Melvailamoor Village, Melmalayanur Taluk, Villupuram District in favour of the petitioner.

3. The case of the petitioner is that he applied for patta to the 2nd respondent on 15.04.2019 through online E-Seva Centre. He purchased the subject matter agriculture lands from one Mr.K.Venkatesa Perumal S/o Kanna Gounder, on 20.06.2014 through a registered sale deed vide Doc.No.706 of 2014 on the file of the Sub-Registrar at Avalurpettai. From the date of purchase, the petitioner has been in possession and enjoyment on the said agriculture lands without any hindrance or interference. The petitioner has also sent a representation dated 22.04.2019 to the respondents to that effect.

4. Heard both sides.

5. The grievance of the petitioner before this Court is that the said application dated 15.04.2019 and the representation dated 22.04.2019 have not been considered by the respondents so far.

6. 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 second respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the second respondent to consider the petitioner's application dated 15.04.2019 and representation dated 22.04.2019 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 second respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CJ Conf) //True Copy// Sub Assistant Registrar vsi

To

1. The Revenue Divisional Officer, Tindivanam, Villupuram District.

2. The Thasildhar, Melmalayanur Taluk, Melmalayanur, Villupuram District.

3. The Revenue Inspector, Avalurpettai, Melmalayanur Taluk, Villupuram District.

4. The Village Administrative Officer, Melvailamoor Village, Melmalayanur Taluk, Villupuram District.

+1cc to Mr. N.Elumalai, Advocate, S.R.No. 42667 +1cc to the Government Pleader, S.R.No. 43182 W.P.No.13549 of 2019 GJ(CO) GN(03/06/2019)