Madras High CourtWP/17282/2021disposed of

R.Ganapathy v. The Principal Secretary To Government

2021-08-18Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.17282/2021 & WMP.No.18305/2021 [Video Conferencing] R. Ganapathy

...Petitioner

Versus

1. The Principal Secretary to Government, The Tamilnadu Revenue Department, Selakarisal, Sulur Taluk, Coimbatore District - 641402.

2. The Revenue Divisional Officer, Coimbatore South Coimbatore - 641402.

3. The Tahsildhar, Sulur Taluk, Coimbatore District 641402.

4. The Land Revenue Inspector, Selakarisal Sulur Taluk, Coimbatore district - 641402.

5. The Village Administrative Officer, Selakarisal Sulur Taluk, Coimbatore District - 641402.

6. The Deputy Taluk Surveyor, Selakarisal Sulur Taluk, Coimbatore District - 641402.

...Respondents

Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 4 to 6 to measure the property bearing Survey No.206, to an extent of 2.97 acres situated at Selakarisal

Village, Sulur Taluk, Coimbatore District, sub divide the petitioner land and issue patta.

For Petitioner :

Mr.B.Nedunchezhiyan For Respondents :

Mr.Yogesh Kannadasan Government Advocate

ORDER

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

(2) The writ petition has been filed in the nature of a mandamus, seeking examination of the representation given by the petitioner herein on 09.07.2021, seeking measurement of his land holdings at s.No.206, which according to the petitioner, extends to an area of 2.97 acres at Selakaraisal Village, Soolur Taluk, Coimbatore District and sub-divide the land of the petitioner and issue patta. (3) The learned counsel for the petitioner pointed out that the petitioner herein had been giving representations to the authorities and as a matter of fact, drew attention of this Court to a Letter of the Tahsildar/3rd respondent, who had addressed the 6th respondent/Deputy Taluk Surveyor, to do the needful, viz., to measure the lands of the petitioner, sub-divide the same in accordance with the holdings of the petitioner and thereafter, issue patta.

(4) The grievance expressed by the learned counsel is that in spite direct instructions given by the 3rd respondent, the 6th respondent had not taken any action at all. This has necessitated filing of the present writ petition. (5) A mandamus is directed primarily to the 3rd respondent/Tahsildar, Soolur Taluk, to examine the representation of the petitioner dated 09.07.2021, issue notice to the petitioner, examine the records furnished by him, examine the revenue records and thereafter, with the assistance of the 6th respondent/Deputy Taluk Surveyor, conduct necessary survey of the lands and mark out the lands of the petitioner herein, sub-divide the same and if records are in order, take a decision to, either issue patta or not.

Either way, the order with reasons, must be passed and the entire exercise must be completed within a period of twelve weeks from the date of receipt of a copy of this order.

(6) The writ petition stands disposed of accordingly. No costs. consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar APTo