D.Anburaja v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P. No.24223 of 2021 D.Anburaja ....
Petitioner Vs.
1.The Revenue Divisional Officer Chengalpet Chengalpet District - 603 002.
2.The Tahsildar Chengalpet Taluk Chengalpet District - 603 002.
3.V.G.Thirumalai ....
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to implement the proceeding bearing Na.Ka.No.A1/365/2020 dated 23.12.2020 of the 1st respondent and to measure the land belonging to the petitioner by effecting sub division and to issue patta in respect of land comprised in Survey Nos.161/1, 161/2 and 161/3 measuring 29.25 cents of Venpakkam Village, Chengalpet Taluk & District. For Petitioner : Mr.S.Udaya Kumar For RR1 & 2 : Mr.A. Selvendran Government Advocate
O R D E R
The Writ Petition has been filed for issuance of Writ of Mandamus, directing the 2nd respondent to implement the proceeding bearing Na.Ka.No.A1/365/2020 dated 23.12.2020 of the 1st respondent and to measure the land belonging to the petitioner by effecting sub division and to issue patta in respect of the land comprised in Survey Nos.161/1, 161/2 and 161/3 measuring 29.25 cents of Venpakkam Village, Chengalpet Taluk & District.
2. Heard, Mr.S.Udaya Kumar, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Government Advocate appearing for the respondents 1 & 2.
3. The case of the petitioner is that he owned the property comprised in Survey Nos.161/1 to an extent of 0.07 cents, 161/2 to an extent of 0.06 cents and 161/3 to an extent of 0.25.5 cents situated at Venpakkam Village, Chengalpet Taluk & District. Originally, the said land was owned by one Maniyammal and she executed a gift deed in favour of Kattamgulathur Municipality to an extent of 0.06 cents for the purpose of road widening. Out of 0.38.5 cents the petitioner also had denoted 03.25 cents vide document No.783 of 2011 for the purpose of road widening in favour of Kattamgulathur Municipality. After donating the land admeasuirng 0.3.25 cents out of 0.38.5 cents had requested the patta for the remaining portion, which is in possession and enjoyment of the petitioner.
4. On representation of the petitioner, the first respondent herein conducted enquiry and directed the second respondent to issue patta in favour of the petitioner, after deducting the land admeasuring 0.09.25 cents out of 0.38.5 cents for the remaining land admeasuring 0.29.25 cents, after subdividing the land and issue patta in favour of the petitioner. The respondent has not complied with the said order and simply kept the matter pending on the influence of the third respondent herein. Therefore, the petitioner repeatedly made request to implement the order passed by the first respondent.
5. Considering the above, the second respondent is directed to implement the order passed by the first respondent dated 23.12.2020 in Na.Ka.No.A1/365/2020 and to measure the land belonging to the petitioner by effecting sub division and to issue patta in respect of the land comprised in Survey Nos.161/1, 161/2 and 161/3 measuring 0.29.25 cents of Venpakkam Village, Chengalpet Taluk & District, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar
Lpp To 1.The Revenue Divisional Officer Chengalpet Chengalpet District - 603 002.
2.The Tahsildar Chengalpet Taluk Chengalpet District - 603 002.
+1cc to Mr.S.Udaya Kumar, Advocate SR.No.58388 W.P. No. 24223 of 2021 PCH(CO) CB(01/12/2021)