P.Sevugan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.15294 of 2022 P.Sevugan

...Petitioner

Vs.

1. The Revenue Divisional Officer, Namakkal,Namakkal District.

2. The Tahsildar, Senthamangalam Taluk, Senthamangalam, Namakkal District.

...Respondents

Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's application dated 27.04.2022 to survey the petitioner's land situated in S.No.400/14, to the extent of 17 cents situated at Varadharajapuram Village, Senthamangalam Taluk, Namakkal District.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.G.Krishna Raja Additional Government Pleader

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to Survey and demarcate the boundary of petitioner's land in S.No.400/14 of an extent of 17 cents and patta No.283 situated at Varadharajapuram Village, Senthamangalam Taluk, Namakkal District. 2.The case of the petitioner is that, originally the property in S.No.400/14 of an extent of 17 cents situated in above said Village belongs to one Late Periyasamy i.e., father of the petitioner. The petitioner's father executed a Will in respect of the said property in favour of the petitioner. Thereafter, the petitioner's father died in the year 1984. After the demise of the petitioner's father, the patta in respect of the said property was transferred to the petitioner's name and till date all the revenue records stands in the name of the petitioner. While so, the petitioner made an application dated

27.04.2022, before the respondents to survey and lay the boundary stone to his land in S.No.400/14 of an extent of 17 cents in the above said address. Since the same has not been considered, the petitioner has filed the present Writ Petition seeking the aforesaid relief.

3.Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's application dated 27.04.2022, and pass orders on merits within a particular time frame to be fixed by this Court.

4.The learned Additional Government Pleader appearing for respondents has no objection for said order being passed. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the second respondent to consider the said application of the petitioner dated 27.04.2022, and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above observations and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ep/rap To

1. The Revenue Divisional Officer, Namakkal,Namakkal District.

2. The Tahsildar, Senthamangalam Taluk, Senthamangalam,Namakkal District.

+1cc to M/s.V.Elangovan, Advocate, S.R.No.38363 +1cc to the Government Pleader, S.R.No.38830 W.P.No.15294 of 2022 PL(CO) RGA(18/07/2022)