← Library
Madras High CourtWP/13631/2020disposed of

P.Mani v. The Revenue Divisional Officer

2020-09-29Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.13631 of 2020 P.Mani

...Petitioner

Vs.

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

2. The Tahsildar, Vellore, Vellore District.

3. The Taluk Head Surveyor, Vellore, Vellore District.

...Respondents

Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 13.07.2020 and thereby direct the respondents to measure the property in Survey No.189/12, New Survey Nos.189/11B and 189/12B, Vellam Village, Vellore Taluk and District totally to an extent of 50 cents, by erect milestones pursuant to the proceedings in O.Mu.B1/1971/2020 dated 29.07.2020 of the 1st respondent and issue separate patta .

For Petitioner : Mr.B.Gopalakrishnan For Respondents: Mr.Aruldoss Govt. Advocate

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 13.7.2020, wherein the petitioner has sought for the measurement of the property and for issue of separate patta in the name of the petitioner.

2. The case of the petitioner is that the subject property was purchased by the father of the petitioner by a registered Sale Deed dated 25.09.1989. The further case of the petitioner

is that he died in the year 2005, leaving behind the petitioner, his brother and sister. Thereafter, the petitioner has made a representation to the respondents requesting for the survey of the property and for the issuance of patta. Since the same was not considered, further representation was made to the first respondent and the first respondent, by his letter dated 29.07.2020, has directed the 2nd respondent to immediately consider the representation and take action. Since there was no response from the 2nd respondent, the present Writ Petition is filed before this Court seeking for appropriate directions.

3. Heard Mr.B. Gopalakrishnan, learned counsel for the petitioner and Mr. Aruldoss, learned Govt. Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 13.07.2020 and to act upon the same strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of the representation dated 13.07.2020 and a copy of all the other relevant documents and also a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

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

2. The Tahsildar, Vellore, Vellore District.

3. The Taluk Head Surveyor, Vellore, Vellore District.

+1cc to Mr.B.Gopala Krishnan, Advocate in SR.NO..32132 +1cc to the Government Pleader in SR.NO..32144 WP.No.13631 of 2020 NR(CO) RV(05/11/2020)