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Madras High CourtWP/8388/2015disposed of

S.Gajan @ Gajendran v. The Tahsildar

2015-03-25Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.8388 of 2015 S.Gajan @ Gajendran ..

Petitioner

Versus

The Tahsildar Arakkonam Taluk Office, Arakkonam, Vellore District ..

Respondent Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the respondent to consider the petitioner's representation dated 14.12.2014 and to issue copy of Hand Chita, Pasili, Chitta, hand sketch as stated in the said representation to the petitioner.

For Petitioner :

Mr.M.Chidambaram For Respondent :

Mr.M.L.Mahendran, Government Advocate.

ORDER

Heard Mr.M.Chidambaram, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, learned Government Advocate accepting notice for the respondent and with their consent, the writ petition itself is disposed of at the admission stage itself. 2.The petitioner has filed this writ petition seeking for issuance of a writ of mandamus to direct the respondent to consider the petitioner's representation dated 14.12.2014 and to issue the copy of Hand chitta, Pasili, Chitta, hand sketch. 3.The case of the petitioner is that his father Mr.J.Subramani purchased three properties during the years 1971, 1989 and 2003 from the respective vendors measuring various extents of land, apart from owning the other properties in his name situated at Kavanur village.

It is the further case of the petitioner that since patta has not been issued to the properties purchased from vendors, the third parties are encroaching the lands in question and the measurements of the said lands differ when the same was converted to UDR Book. Hence, in order to know the correct measurement of the above https://hcservices.ecourts.gov.

purchased properties in question, the petitioner has sought for various documents from the respondent's office for the year 1971 including "A" Register copy, Hand Chitta, F.M.Sketch and Fasali and Chitta No.1377. In the interregnum, due to old age and ill-health, the petitioner's father executed a Settlement Deed in favour of the petitioner and other legal heirs of his, on 05.07.2010, which is registered as Document No.5290/2010. In order to establish the legal right over the property in question, the petitioner submitted a representation to the respondent on 14.12.2014 seeking for the issuance of the above mentioned documents and the same was received by the respondent on 16.12.2014 and since the representation did not evoke any response, the petitioner is before this Court. 4.It is seen that the petitioner's representation dated 14.12.2014 was received by the respondent 16.12.2014 As evidenced from the Acknowledgment produced by the petitioner in typed set of papers annexed to the affidavit filed in support of this writ petition.

Therefore, without going into the merits of the contentions raised by the petitioner in his representation dated 14.12.2014, there will be a direction to the respondent to consider the petitioner's representation dated 14.12.2014 on merits and in accordance with law and pass a reasoned order 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/- Assistant Registrar True Copy Sub Assistant Registrar To The Tahsildar Arakkonam Taluk Office, Arakkonam, Vellore District +1 cc to the Government Pleader,SR.16984.

+1 cc to Mr.M.Chidambaram, Advocate,SR.16562. ts(co) krd 7/4 WP.No.8388 of 2015 https://hcservices.ecourts.gov.in/hcservices/