K.Rajendran v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.28743 of 2022 K.Rajendran ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its:

The Tahsildar, Kalasapakkam Taluk, Tiruvannamalai District.

2.The State of Tamil Nadu, Rep. by its:

Head Quarter Surveyor, Kalasapakkam, Tiruvannamalai District.

3.The State of Tamil Nadu, Rep. by its:

The Surveyor, Kalasapakkam, Tiruvannamalai District.

4.K.Raja ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent to dispose of the petitioner's representation dated 22.09.2021. Page No.1 of 7

For Petitioner :

Mr.B.Janakiram For Respondents :

Mr.U.Bharanidharan, Additional Government Pleader

O R D E R

By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. The petitioner has filed this petition seeking for issuance of Writ of Mandamus directing the second respondent to dispose of the petitioner's representation dated 22.09.2021.

3. The case of the petitioner is that the petitioner's father has two wives and eight children. The petitioner and fourth respondents are one of the legal heirs. After the demise of petitioner's father, the legal heirs executed a partition deed amount themselves and the same was registered vide Doc.No.2243 of 2018 dated 22.06.2018. Thereafter, the petitioner made an Page No.2 of 7

application before the first respondent for sub-division of patta and also for transfer of patta for S.No.153, 150/4, however, the fourth respondent is not allowing the land surveyor to measure the land for sub-division of patta. Therefore, the petitioner made an application dated 22.09.2021 before the first respondent seeking for similar relief. But, till date, no order was passed by the first respondent. Hence, this writ petition.

4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner would submit that it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 22.09.2021 and pass appropriate orders on merits, within a time frame that may be fixed by this Court.

5. Learned Additional Government Pleader appearing for the respondents would submit that he has no objection for the said order being passed.

6. Heard the learned counsel on either side and perused the materials placed on record.

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7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 22.09.2021, after affording an reasonable opportunity of hearing to the petitioner as well fourth respondent and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the aforesaid direction, this Writ Petition is disposed of. No costs.

01.11.2022 vm Index :

Yes/No Speaking Order :

Yes/No Page No.4 of 7

Copy To:

1.The Tahsildar, The State of Tamil Nadu, Kalasapakkam Taluk, Tiruvannamalai District.

2.The Head Quarter Surveyor, The State of Tamil Nadu, Kalasapakkam, Tiruvannamalai District.

3.The Surveyor The State of Tamil Nadu, Kalasapakkam, Tiruvannamalai District.

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M.DHANDAPANI,J.

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