Kuselan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Kuselan ...

Petitioner versus 1.The Revenue Divisional Officer, Cuddalore.

2.The Tahsildar, Cuddalore, Cuddalore Taluk, Cuddalore District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to issue separate patta to the petitioner in respect of S.No.8/3A2 Hec.0.27.0 in Suba Uppalavadi Village, Cuddalore Taluk, Cuddalore District, by considering the report of the second respondent in his proceedings Na.Ka.Aa1/155/2022 dated 20.06.2022.

For Petitioner :

Mr.D.Baskar For Respondents :

Mr.A.Selvendran Special Government Pleader 1/4

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the respondents to issue separate patta to the petitioner in respect of Survey No.8/3A2, measuring an extent of 0.27.0 Hec., situated at Suba Uppalavadi Village, Cuddalore Taluk, Cuddalore District, by considering the report of the second respondent in his proceedings in Na.Ka.Aa1/155/2022 dated 20.06.2022. 3.

The grievance of the petitioner is that originally the patta stood in the name of the petitioner's father and he has executed a settlement deed in favour of the petitioner on 23.11.2007. Therefore, the petitioner sought to issue patta in his name. The second respondent has already recommended the first respondent in his proceedings in Na.Ka.Aa1/155/2022 dated 20.06.2022 to issue separate patta to the petitioner. In this regard, the petitioner has made representation dated 13.05.2024 before the respondents. However, the same has not been considered by the respondents. Hence, the present Writ Petition.

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4.

Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

5.

Mr.A.Selvendran, learned Special Government Pleader for the respondents would submit that the first respondent will pass orders based on the recommendation sent by the second respondent in a reasonable time. 6.

In such view of the matter, there shall be a direction to the first respondent to pass appropriate orders based on the recommendation of the second respondent in this regard dated 20.06.2022, on its own merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order.

7.

With the above direction, this Writ Petition is disposed of. No costs.

19.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

N.SATHISH KUMAR , J.

sri To 1.The Revenue Divisional Officer, Cuddalore.

2.The Tahsildar, Cuddalore, Cuddalore Taluk, Cuddalore District.

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