← Library
Madras High CourtWP/28789/2022disposed of

Sekar v. The Revenue Divisional Officer

2022-11-01Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.28789 of 2022 Sekar .. Petitioner Vs.

1. The Revenue Divisional Officer, Villupuram District.

2. The Tahsildar, Kandachipuram Taluk, Villupuram District.

3.The Taluk Head Surveyor, Kandachipuram Taluk, Villupuram District. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ or order or direction in the nature of writ, directing the respondents to measure the property, erect the mile stone and issue patta in the name of the petitioner in respect of the

property situated in Survey No.79/3A2- Total extent of 1.42 cents situated at V.Sithamur Village, Kandachipuram, Villupuram District by considering the petitioner's representation dated 07.03.2022. For Petitioner : M/s.B.Sundarapandiyan For Respondents : Mr.U.Baranidharan, Additional Government Pleader

O R D E R

The present petition has been filed seeking a direction to the respondents to measure the property and to fix the boundary and issue patta in the name of the petitioner in respect of the property situated in Survey No.79/3A2- Total extent of 1.42 cents situated at V.Sithamur Village, Kandachipuram, Villupuram District pursuant to the representation dated 07.03.2022 made by the petitioner.

2. Mr.U.Baranidharan, Additional Government Pleader takes notice for the respondents

3. It is the case of the petitioner that he had purchased the subject property from one Anandaiee by way of a registered sale deed dated 13.10.1998 and since then, he is absolute possession of the same. In order to obtain patta in his favour, the petitioner made a representation to the respondents requesting to survey the property and to fix boundary stones and further to issue patta in the name of the petitioner. However, till date, no action has been taken on the said representation. Hence, the petitioner has come up with the present petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents herein to consider the representation made by the petitioner requesting to survey the aforesaid property and to fix the boundary stones for identification of the petitioner's property and pass orders on the same, within the time that may be stipulated by this Court.

5. On the above contentions, this Court heard the learned Additional Government Pleader appearing for the respondents.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent/Tahsildar to consider the representation dated 07.03.2022 made by the petitioner and pass appropriate orders on the same on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

01.11.2022 NHS

To

1. The Revenue Divisional Officer, Villupuram District.

2. The Tahsildar, Kandachipuram Taluk, Villupuram District.

3.The Taluk Head Surveyor, Kandachipuram Taluk, Villupuram District.

M.DHANDAPANI, J.

NHS W.P.No.28789 of 2022 01.11.2022