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Madras High CourtWP/21874/2016disposed of

V.Gunasundari, v. The District Revenue Officer,

2016-06-27Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21874/2016 V.Gunasundari ..

Petitioner

Versus

1.The District Revenue Officer Kancheepuram District.

2.The Revenue Divisional Officer Chengalpattu Taluk Kancheepuram District.

3.The Tahsildar Chengalpattu.

4.The Assistant Director District Survey Department Kancheepuram.

5.R.Krishnamoorthy 6.L.Balakrishnan ..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents 1 to 4 to implement the order of the 1st respondent dated 24.11.2014 in his proceedings Pa.Mu.5496/2012/No.4 and to survey the property in plot Nos.79, 80, 81 and issue patta according to the respective sale deeds by considering the petitioner representation dated 02.05.2016.

For Petitioner :

Mr.S.Kumaresan For R1 to R4 :

Mr.R.Govindasamy, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner claims to be the owner of the property admeasuring to an extent of 1650 sq.ft., in Plot No.80, Amudham Colony, Nandhivanam, Guduvancherry and got approval from the Deputy Director of Town and Country Planning in respect of the plan and was also issued with a patta bearing No.4178 dated 04.01.2005 and claims to be in absolute possession and enjoyment of https://hcservices.ecourts.gov.in/hcservices/

the same and the property is also subjected to statutory levies. However, the grievance expressed by the petitioner is that the 2nd respondent, vide proceedings dated 30.01.2012, has passed an order restoring the patta in the name of the 5th respondent and also cancelled the sub-division proceedings. The petitioner has also filed an appeal before the 1st respondent challenging the order of the 2nd respondent and the 1st respondent vide proceedings dated 24.11.2014, passed an order to survey the land along with the Senior/Ex-surveyor and issue patta to the petitioner and others. However, since no further steps have been taken, the petitioner submitted a representation to the respondents dated 02.05.2016 and since no orders have been passed, the petitioner came forward to file the present writ petition.

Heard the learned counsel for the petitioner ; Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents 1 to 4.

Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances, directs the 2nd respondent to comply with the memo of the 1st respondent dated 30.09.2015 in Na.Ka.3/5169/2015 as well as the representation of the petitioner dated 02.05.2016 on merits and in accordance with law, after putting on notice the respondents 5 and 6 and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the respondents 5 and 6. The writ petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The District Revenue Officer Kancheepuram District.

2.The Revenue Divisional Officer Chengalpattu Taluk Kancheepuram District.

3.The Tahsildar Chengalpattu.

4.The Assistant Director District Survey Department Kancheepuram.

+1 cc to Mr.S.Kumaresan, Advocate,SR.35691.

ad(co) krd 13/7 W.P.No.21874/2016 https://hcservices.ecourts.gov.in/hcservices/