T.Rajendran v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.16701/2021 [Video Conferencing] T.Rajendran ... Petitioner

Versus

The Tahsildar Land Survey Department Avadi Taluk Office, Avadi, Chennai 600 054.

... Respondent Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent to grant patta for the land comprised in Survey No.530/3, measuring 1.06 Acres and 530/4 measuring 0.81 out of 1.02 acres of Arrikambedu Village, Hamlet of Vellanur, Avadi Taluk, Thiruvallur District based on the petitioner's representation dated 27.10.2020.

For Petitioner :

Ms.B.Sharmila For Respondent :

Mr.Yogesh Kannadasan Government Advocate

ORDER

(1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of the respondent.

(2) The petitioner's grandmother was involved in a suit in OS.No.622 of 1999, at that time pending on the file of the District Munsiff-cum-Judicial Magistrate, at Ambattur, which suit has been laid for partition and separate possession. A preliminary decree had been passed and pursuant to the same, final decree has also been passed in IA.No.368 of 2004 on 18.12.2007. Subsequently, the petitioner's grandmother Mrs.Chellammal also filed EP.No.66/2010 and my attention has been drawn to the noting of the Bailiff handing over the physical possession https://hcservices.ecourts.gov.in/hcservices/

of the portion allotted to the father of the petitioner herein. The petitioner's grandmother Mrs.Chellammal, died on 22.01.2017 and the petitioner's father died on 14.07.2018. The petitioner had an occasion to approach this Court on an earlier occasion in WP.No.10523/2020 seeking measurement of the property allotted and by an order dated 14.08.2020, a mandamus to that effect had been granted.

The petitioner had, thereafter given a representation on 27.10.2020 and it is the grievance of the learned counsel for the petitioner that even subsequent thereof, further representations had been given to the Tahsildar/respondent, but unfortunately, no steps have been taken to consider the said representations.

(3) A mandamus therefore, necessarily follows and it is also issued, directing the Tahsildar, Land Survey Department, Avadi Taluk, Avadi, Chennai, to consider the representation dated 27.10.2020, issue notice to the petitioner, examine the revenue records and do the needful as stipulated in the said representation. The Tahsildar is under obligation to complete the entire exercise within a period of twelve weeks from the date of receipt of a copy of this order. (4) The writ petition stands allowed accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP To The Tahsildar Land Survey Department Avadi Taluk Office, Avadi, Chennai 600 054.

+2ccs to M/s.B.Sharmila, Advocate Sr No.39614 +1cc to Government Pleader Sr No.40352 WP.No.16701/2021 NR (CO) PR (27/08/2021) https://hcservices.ecourts.gov.in/hcservices/