Sekar v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : .17.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.30699 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:

The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus 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.21/1 to an extent of 2.25 acres, V.Sithamur Village, Kandachipuram Taluk, Villupuram 1/5

District by considering the petitioner's representation dated 07.03.2022 and pass orders.

For Petitioner :Mr.B. Sundarapandiyan For Respondents :Mr . U. Baranidharan Additional Government Pleader

ORDER

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

2. This Writ Petition has been filed seeking a direction to the respondents to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 07.03.2022.

3. The case of the petitioner is that the petitioner inherited the subject property from his father and he was in possession and enjoyment of the same. The grievance of the petitioner is that the subject land was never subdivided. Hence the petitioner made a representation dated 07.03.2022 along 2/5

with documents before the respondents requesting to survey the land of the petitioner, but the same was not considered. Hence this writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to consider the petitioner's representation dated 07.03.2022within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 15.10.2022 will be considered on merits and in accordance with law.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, direct the first respondent to consider the petitioner's representation dated 07.03.2022 and take necessary steps to survey the land on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the aggrieved parties if any, within a period of 3/5

twelve weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

17.11.2022 smn Index : yes / no Internet : yes / no Speaking order : Yes/No M.DHANDAPANI, J.

4/5

smn To

1. The Revenue Divisional Officer, Villupuram District.

2. The Tahsildar, Kandachipuram Taluk , Villupuram District.

3. The Taluk Head Surveyor, Kandachipuram Taluk , Villupuram District W.P.No.30699 of 2022 17.11.2022 5/5