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Madras High CourtWP/13630/2020disposed of

A.Mothilal John v. State Of Tamil Nadu

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.13630 of 2020 A.Mothilal John

...Petitioner

Vs.

1. State of Tamil Nadu, rep. By the District Collector, Salem District, Salem 636 001.

2. District Revenue Officer, O/o. The Collectorate, Salem District, Salem 636 001.

3. Tahsildar, Gangavalli Taluk, Salem 636 105.

...Respondents

Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to measure the subject property and to issue fresh patta to the petitioner with correct new survey numbers 390 and 297 and sub-divisions 390/27 (Old Survey No.295/1A Part), 390/28. (Old Survey No.295/1A part) and 297/31 (Old Survey No.295/1A part), Koneripatti Village, Gangavalli Taluk, Salem District, for which the petitioner has made a representation dated 16.04.2018 to the respondents.

For Petitioner : Mr.R. Malaichamy For Respondents: Mr.Mani Gopi Govt. Advocate

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to act on the representation made by the petitioner on 16.4.2018, wherein the petitioner has sought for the measurement of the subject property and for issuance of a fresh patta by mentioning the correct survey numbers.

2. The case of the petitioner is that the subject property originally belonged to her mother and after her lifetime, the property was inherited by the petitioner. The further case of the petitioner is that a patta was issued in the name of the petitioner and on verification of the same, the petitioner found that the survey numbers have been wrongly entered. The petitioner, therefore made a representation on 16.4.2018 requesting the respondents to measure the property and to grant a fresh patta by mentioning the correct survey numbers. Since the same was not acted upon, the present Writ Petition is filed before this Court seeking appropriate directions.

3. Heard Mr.R.Malaichamy, learned counsel for the petitioner and Mr. Mani Gopi, learned Govt. Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 16.4.2018 and deal with the same strictly in accordance with law. The 3rd respondent shall pass orders 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 3rd respondent along with a copy of the representation dated 16.4.2018 and a copy of all other relevant documents and also along with 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 District Collector, Salem District, Salem 636 001.

2. District Revenue Officer, O/o. The Collectorate, Salem District, Salem 636 001.

3. Tahsildar, Gangavalli Taluk, Salem 636 105.

+1cc to Mr.R.Malaichamy, Advocate, S.R.No.31836 +1cc to the Government Pleader, S.R.No.32157 WP.No.13630 of 2020 SS(CO) RV(24/11/2020)