Subramani v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.31214 of 2022 Subramani ... Petitioner Vs.

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

2.The Tahsildar, Kadaiyampatti Taluk, Salem District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the second respondent to survey & point out the field boundaries of petitioner's agricultural land at Marakottai Village, Salem District compressed in S.No.39/1A to an extent of 2.37 cents, S.No.39/1B4 to an extent of 21 1⁄2 by fixing stones and subsequently directing the second respondent to issue separate patta in favour of petitioner pursuant to the petitioner's representation dated 18.08.2022. For Petitioner :

Mr.C.Deepak Kumar For Respondents :

Mr.U.Bharanidharan, Page No.1 of 6

Additional Government Pleader

O R D E R

The petitioner has filed this petition for issuance of Writ of Mandamus directing the second respondent to survey & point out the field boundaries of petitioner's agricultural land at Marakottai Village, Salem District compressed in S.No.39/1A to an extent of 2.37 cents, S.No.39/1B4 to an extent of 21 1⁄2 by fixing stones and subsequently directing the second respondent to issue separate patta in favour of petitioner pursuant to the petitioner's representation dated 18.08.2022.

2. With the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the land comprised in S.Nos.39/1A and 39/1B4 to an extent of 2.37 and 21 1⁄2 cents situated Marakottai Village, Salem District was originally belonged to the petitioner by executing registered partition deed vide Doc.No.2735 of 2003. After registering the Page No.2 of 6

same, the second respondent issued a joint patta for the said property in favour of the petitioner and her brothers. This being so, the petitioner made an online application dated 29.03.2022 before the second respondent to survey the subject property and issue separate patta on her favour. Thereafter, she made a representation dated 18.08.2022 before the respondents 1 & 2 to consider the online application dated 29.03.2022 presented by her, however, till date, no order was passed. Hence, this writ petition.

4. Learned counsel for the petitioner would submit that it would suffice if this Court issues direction to the second respondent to consider the petitioner's representation dated 18.08.2022 within a time frame that may be fixed by this Court.

5. Learned Additional Government Pleader appearing for the respondents would submit that he has no objection for the said direction being passed by this Court.

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6. Heard the learned counsel on either side and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 18.08.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the aforesaid direction, this writ petition is disposed of. No costs.

23.11.2022 vm Index :

Yes/No Speaking Order :

Yes/No To:

1.The Revenue Divisional Officer, Page No.4 of 6

Mettur, Salem District.

2.The Tahsildar, Kadaiyampatti Taluk, Salem District.

M.DHANDAPANI,J.

vm Page No.5 of 6

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