Pachamuthu v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.30232 of 2022 Pachamuthu ... Petitioner Vs.
1.The Revenue Divisional Officer, Virudhachalam, Cuddalore District.
2.The Tahsildar, Veppur Tahsildar Office, Veppur Taluk, Cuddalore District.
3.The Zonal Land Surveyor, Land Survey Section, Veppur Tahsildar Office, Veppur Taluk, Cuddalore District.
4.The Inspector of Police, Sirupakkam Police Station, Veppur Taluk, Cuddalore District.
5.Rani 6.Sankarkumar ... Respondents Page No.1 of 7
PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 15.09.2022 to measure the land properties with the assistance of the police situate at Vinayagananthal Village, Poyanapadi Post,within the limits of Veppur Taluk, Cuddalore District comprised in O.P.Survey No.142/6 - 14 cents land to measure the same to secure ends of justice.
For Petitioners :
Mr.A.Ramesh For Respondents 1 to 4 :
Mr.U.Bharanidharan, Additional Government Pleader
O R D E R
The petitioner has filed this writ petition for issuance of Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 15.09.2022 to measure the land properties with the assistance of the police situate at Vinayagananthal Village, Poyanapadi Post,within the limits of Veppur Taluk, Cuddalore District comprised in O.P.Survey No.142/6 - 14 cents land to measure the same.
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2. At the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. Since no adverse order is being passed against the respondents 5 & 6, notice to the respondents 5 & 6 is dispensed with.
4. The case of the petitioner is that the petitioner is the owner of agricultural land comprised in O.P.S.No.142/6 to an extent of 44 cents situated at Vinayagananthal Village, Poyanapadi Post, Veppur Taluk, Cuddalore District. This being the case, the petitioner and his father jointly sold a part of the subject property measuring an extent of 30 cents to one Ponnammal. Thereafter, the said Ponnamal sold the same in favour of one Gurusamy. Finally, the said Gurusamy sold the property to the fourth respondent. Thereafter, the fourth respondent created a gift settlement in Doc.No.1025/2020 dated 27.07.2020 in favour of fifth respondent. While so, the petitioner made a representation dated 15.09.2022 before the first respondent to measure the land to an extent of 14 cents and issue a separate Page No.3 of 7
patta in his favour, however, till date, the said representation was not considered by the first respondent. Aggrieved over the same, the petitioner has filed this writ petition.
5. 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 15.09.2022 within a time frame to be fixed by this Court.
6. Learned Special Government Pleader appearing for the respondents has no objection for the said direction being passed by this Court.
7. Heard the learned counsel on either side and perused the materials placed on record.
8. Taking into the factual aspects, without going into the merits of the case, this Court is inclined to issue direction to the first respondent to consider the petitioner's representation dated 15.09.2022 and pass appropriate orders on Page No.4 of 7
merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the private respondents, within a period of six weeks from the date of receipt of a copy of this order.
9. With the aforesaid direction, this writ petition is disposed of. No costs.
15.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The Revenue Divisional Officer, Virudhachalam, Cuddalore District.
2.The Tahsildar, Veppur Tahsildar Office, Veppur Taluk, Cuddalore District.
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3.The Zonal Land Surveyor, Land Survey Section, Veppur Tahsildar Office, Veppur Taluk, Cuddalore District.
4.The Inspector of Police, Sirupakkam Police Station, Veppur Taluk, Cuddalore District.
M.DHANDAPANI,J.
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