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Madras High CourtWP/5867/2016disposed of

K.P.Govindaraj v. The District Revenue Officer

2016-02-19Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.5867 of 2016 K.P.Govindaraj .. Petitioner Vs.

1. The District Revenue Officer, Sathuvachari, Vellore District.

2. The Tahsildar, Tirupattur Taluk, Vellore District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider petitioner's representation, dated 15.07.2015 to survey the land belonging to the petitioner in Survey No.75/1.A, Patta No.96 of Periyakannalampatti Village, Tirupattur Taluk, Vellore District.

For Petitioner : Mr.I.Paul Noble Deva Kumar For Respondents : Mrs.P.Rajalakshmi, Govt. Advocate

ORDER

The petitioner has filed this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 15.07.2015 to survey the land belonging to the petitioner in Survey No.75/1.A, Patta No.96 of Periyakannalampatti Village, Tirupattur Taluk, Vellore District.

2. It is the case of the petitioner that he is the owner of the property in Survey No.75/1.A of an extent of 0.25-1/2 cents of land and is in possession and enjoyment of the same for a long time. The said property was in joint patta. Hence, the petitioner made an application to the respondents to give separate patta. The Revenue Officials came to the spot to survey the land and the neighbour of the land prevented the Revenue Officials to survey the petitioner's land, for which, the petitioner gave a complaint to the Police on 19.06.2015. It is further stated by the petitioner that on 08.07.2015, he gave a representation to the second respondent to survey the land and also paid necessary fees, but the second respondent refused to https://hcservices.ecourts.gov.in/hcservices/

come to the spot and survey the land. Again on 15.07.2015, the petitioner made representation to the second respondent and also paid necessary fees to Government and remitted the challan, but the second respondent did not take any steps to measure the land. Though several representations, dated 26.06.2009, 18.06.2012, 19.06.2015, 08.07.2015 and 15.07.2015 are sent to the respondents, the second respondent did not take steps to issue separate patta. Hence, the petitioner has filed the above Writ Petition for the relief stated above.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

4. Considering the limited scope of the prayer made in this Writ Petition, without going into the merits of the case, this Writ Petition is disposed of, with a direction to the second respondent to consider the said representation of the petitioner, dated 15.07.2015 and after giving an opportunity of hearing to the petitioner and necessary parties, dispose of the said representation, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs.

cs s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar Copy to

1. The District Revenue Officer, Sathuvachari, Vellore District.

2. The Tahsildar, Tirupattur Taluk, Vellore District.

+ 1 cc to Mr.I.Paul Noble Devakumar, Advocate SR 11154 + 1 cc to Govt Pleader SR 10566 & 11053 ala(co) prk23/2 W.P.No.5867 of 2016 https://hcservices.ecourts.gov.in/hcservices/