I.Selvaraj, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.36741 of 2016 I.Selvaraj Petitioner Vs.

1.The Revenue Divisional Officer, Mettur Taluk, Salem District.

2.The Tahsildar, Mettur Taluk, Salem District.

3.The Taluk Head Surveyor, Mettur Taluk, Salem District. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 2 and 3 to measure the petitioner's property situated in Resurvey No.67/1A-45 cents, Resurvey No.66/1-48 cents, Thoramangalam Village, Mettur Taluk, Salem District and issue separate patta in the name of the petitioner based upon the representation dated 18.07.2016 given by the petitioner.

For Petitioner : Mr.A.Rajesh Kanna For RR 1 to 3 : Mr.R.S.Selvam, GA

ORDER

Heard the learned counsel for the petitioner and Mr.R.S.Selvam, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 3 and with the consent on either side, the writ petition is taken up for final disposal.

2 The petitioner would state that he had purchased a landed property admeasuring to an extent of 0.45 cents out of 0.18.5 Hectares in Resurvey No.67/1A and 0.48 cents out of 1.70.0 Hectares in Resurvey No.66/1 situate in Thoramangalam village, Mettur Taluk, Salem District from his vendor Thiru venkatachalam vide Sale Deed bearing Doc.No.105/1989 dated 06.02.1989 on the file of the office of the Sub Registrar, Jalakandapuram. Pursuant to the said purchase, https://hcservices.ecourts.gov.in/hcservices/

the petitioner is in absolute possession and enjoyment of the same without any hindrance and that he has been paying the statutory levies regularly. He was also issued with a joint patta bearing No.540 along with five other persons. When the petitioner approached the Bank officials/financial institutions for improving his land, the petitioner was informed that unless he furnishes an individual patta standing in his name, granting of loan would not be possible. Hence, the petitioner submitted a representation dated 18.07.2016 to the respondents herein to measure his property and to issue separate patta in his name after taking into consideration, the Sale Deed bearing Doc.No.105/1989 ated 06.02.1989. He has also paid necessary fees. Though the said representation was received and acknowledged, the respondents are yet to initiate any action on the same. Hence, the petitioner is constrained to approach this Court and file the present writ petition.

3 Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the claim projected by the petitioner either in this writ petition or in his representation dated 18.07.2016, directs the 3rd respondent to consider and dispose of the petitioner's representation dated 18.07.2016 on merits and in accordance with law after giving notice to the other pattadhars/person[s] concerned and pass orders as expeditiously as possible and communicate the decision taken, to the petitioner as well as to the said pattadhars/person[s] concerned.

4 The writ petition stands disposed of with the above direction. No costs.

-sd- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar AP To 1.The Revenue Divisional Officer, Mettur Taluk, Salem District.

2.The Tahsildar, Mettur Taluk, Salem District.

3.The Taluk Head Surveyor, Mettur Taluk, Salem District.

+1 cc to MR.A.RAJESH KANNA Advocate SR.NO. 59236 +1 cc to Government Pleader SR.NO. 60173 WP NO.36741/2016 CTK[CO] RD 12/11/2016 https://hcservices.ecourts.gov.in/hcservices/