M.Devamsam v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22761 of 2024 S.Devamsam
...Petitioner
Vs.
1.The Revenue Divisional Officer Thillaipuram Namakkal District 67001.
2.The Tahsildar Office of Tahsildar Kollimalai Taluk Namakkal District.
3.Land Surveyor Office of Tahsildar Kollimalai Taluk Namakkal District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to survey the land belonging to the petitioner in Survey No.301, Valavandhinaadu Village, Semmedu an extent of 1/16th part in total extent of 4 acres 66 cents 1/5
admeasuring 29 cents on the basis of his application in Appln.No.2022/406/1500/3627 dated 15.06.2024 as this Court. For Petitioner : Mr.Ali Hassan Khan For Respondents : Mr.P.Sathish for R1 to R3 Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the third respondent to survey the land belonged to him in S.No.301, Valavandhinaadu Village, Semmedu, by considering his application No.2022/406/100/3627 dated 15.06.2024.
2. The petitioner claims right over the above mentioned property under Will executed by his father as well as his mother. It is the case of the petitioner that he has got 1/16th share in total extent of 4 acres 66 cents situated in S.No.301. He submitted a representation dated 15.06.2024 seeking patta for the above mentioned property, but the same has not been considered. Aggrieved by the same, the petitioner is before this Court. 2/5
3. Mr.P.Sathish, learned Additional Government Pleader who takes notice for the respondents 1 to 3 would submit that the petitioner is claiming right over 1/16th share in S.No.301 and in the absence of identification of the share of the petitioner by means and bounds, it may not be possible for the third respondent to survey the property.
4. In view of the submission made by the learned Additional Government Pleader appearing for the respondents 1 to 3, without going into the merits of the claim made by the petitioner as well as the respondents, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 15.06.2024 and pass final orders, within a period of six weeks from the date of receipt of copy of this order, after issuing notice to all the interested parties.
5. With the above direction, this Writ Petition is disposed of. No costs.
12.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 3/5
To 1.The Revenue Divisional Officer Thillaipuram Namakkal District 67001.
2.The Tahsildar Office of Tahsildar Kollimalai Taluk Namakkal District.
3.The Land Surveyor Office of Tahsildar Kollimalai Taluk Namakkal District.
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S.SOUNTHAR , J.
dna W.P No.22761 of 2024 12.08.2024 5/5