T.K.Gowtham Prakash v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.6766/2015 1.T.K.Gowtham Prakash 2.S.Brinda ..
Petitioners
Versus
1.The Tahsildar Pochampalli Taluk Krishnagiri District.
2.The District Revenue Officer Krishnagiri District, Krishnagiri.
..
Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to measure the agricultural lands in S.No.337 to 340, 345, 331/1, 332/1, 333, 334, 335, 336, 348, 349, 350, 351, 352, 354, 355, 364/1, 515/1A2, 520/2, 521, 522, 524, 525, 526, 527, 528, 529, 530 Nadupatti village of Sivampatti Revenue Village as per the petitions dated 29.12.2014 given to the 1st respondent by the 1st petitioner and in S.No.477/2, 478, 479, 480 Nadupatti village, Sivampatti Revenue village as per the petition dated 29.12.2014 given by the 2nd petitioner to the 1st respondent with help of surveyor and fix the boundaries.
For Petitioners :
Mr.K.Selvarangan For Respondents :
Mrs.P.Rajalakshmi, GA
ORDER
Heard Mr.K.Selvarangan, learned counsel appearing for the petitioners ; and Mrs.P.Rajalakshmi, learned Government Advocate accepting notice for the respondents and with their consent, the writ petition is disposed of at the admission stage itself. 2.The petitioners have filed this writ petition to direct the 1st respondent to measure the agricultural lands in S.No.337 to 340, 345, 331/1, 332/1, 333, 334, 335, 336, 348, 349, 350, 351, 352, 354,
355, 364/1, 515/1A2, 520/2, 521, 522, 524, 525, 526, 527, 528, 529, 530 Nadupatti village of Sivampatti Revenue Village as per the petitions dated 29.12.2014 given to the 1st respondent by the 1st petitioner and in S.No.477/2, 478, 479, 480 Nadupatti village, Sivampatti Revenue village as per the petition dated 29.12.2014 given by the 2nd petitioner to the 1st respondent with help of surveyor and fix the boundaries.
3.The petitioners are brother and sister and are the children of [late] T.M.Krishnamoorthy. It is the case of the petitioner that their father owned agricultural lands measuring about 70 acres at Nadupatti village along with other properties which he acquired by way of partition among his brothers and sisters. It is stated by the petitioners that the 1st respondent issued separate pattas in the names of the petitioners and their parents in respect of the properties in question. Subsequently, the parents of the petitioners died during 2010 and 2013 respectively. Pursuant thereto, the petitioners decided to divide the properties among themselves and hence, the petitioners submitted representations on 29.12.2014 seeking for surveying of the lands in question and for fixing boundaries to the 1st respondent by paying necessary fees.
Since no action has been initiated by the 1st respondent on their representations, the petitioners are before this Court. 4.In the light of the above, without going into the merits of the petitioners' claims, there will be a direction to the 1st respondent to consider the petitioners' representation dated 29.12.2014 seeking measuring of the properties after issuing notice to the petitioners as well as to the neighbouring land owners and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of with the above direction. No costs.
Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar AP
To 1.The Tahsildar Pochampalli Taluk Krishnagiri District.
2.The District Revenue Officer Krishnagiri District, Krishnagiri.
1 cc to Mr.K. Selvarangan, Advocate, sr. 13769 1 cc to Government Pleader, Sr. 13920 WP.No.6766/2015 BVR (CO) kk 21/3