← Library
Madras High CourtWP/32214/2022disposed of

K.M.Vijayarangan v. The Tashildar

2022-12-01Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.M.Vijayarangan

...Petitioner

Vs.

1.

The Tahsildar, Katpadi Taluk, Vellore District.

2.

The Village Administrative Officer, Old Katpadi, Katpadi, Vellore - 632 007.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to comply the order of the 1st respondent vide Na.Ka.No.B3/1805/2022, dated 20.06.2022 for furnishing the copy of patta, Chitta, Adangal, "A" Registrar in respect of Punja Survey Nos.659, 660, 661/1, 661/3, 661/4 in Patta No.245, 247 the property situated at Tharapadavedu Village, Katpadi Taluk, Vellore District based on the petitioner representation dated 24.08.2022 For Petitioner : Mr.T.Saravanan 1/7

For Respondents : Mr.U.Baranidharan, AGP

O R D E R

The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the 2nd respondent to implement the order of the 1st respondent dated 20.06.2022 bearing Na.Ka.No.B3/1805/2022 and furnish the copy of patta, Chitta, Adangal, "A" Registrar in respect of the subject lands to the petitioner.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the punja lands comprised in S.Nos.659, 660, 661/1, 661/3, 661/4 in Patta Nos.245, 247 situated at Tharapadavedu Village are ancestral properties owned by the petitioner's grandfather namely, Chinniah Naicker. After the demise of the said Chinniah Naicker, the petitioner's father was in possession of the said properties and subsequently, after the demise of his father, the petitioner is in absolute possession and enjoyment of the same. While so, apprehending 2/7

that there may be some encroachments in the subject properties, the petitioner made an application before the 1st respondent under Right to Information Act, seeking for issuance of Patta, Chitta, Adangal and other documents in respect of the subject properties. Upon receipt of the said application, the 1st respondent, vide proceedings dated 20.06.2022 bearing Na.Ka.No.B3/1805/2022, directed the petitioner to obtain the said documents from the 2nd respondent. Pursuant to which, the petitioner approached the 2nd respondent, however, there was no response. Aggrieved by the inaction on the part of the 2nd respondent, the petitioner made a representation dated 24.08.2022 before the 2nd respondent seeking to furnish the Patta, Chitta, Adangal and other documents in respect of the subject properties, however, till date, no orders have been passed on the said representation. Hence, this Writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 24.08.2022 and consequently, provide the petitioner with the copy of the Patta, Chitta, Adangal and 'A' register in respect of the subject lands as 3/7

expeditiously as possible.

5. Learned Additional Government Pleader appearing for the respondents fairly submitted that appropriate orders will be passed on the petitioner's representation dated 24.08.2022 in the light of the proceedings of the 1st respondent dated 20.06.2022 bearing Na.Ka.No.B3/1805/2022, within the time stipulated by this Court.

6. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, issues direction to the 2nd respondent to consider the petitioner's representation dated 24.08.2022 in the light of the order of the 1st respondent dated 20.06.2022 and furnish the copy of the Patta, Chitta, Adangal and 'A' register in respect of the subject lands to the petitioner within a period of six weeks from the date of receipt of a copy of this order, if there is no legal impediment.

7. With the above observations and directions, this Writ petition is disposed of. No costs.

4/7

01.12.2022 skt Speaking Order : Yes/ No Index : Yes/ No To 1.

The Tahsildar, Katpadi Taluk, Vellore District.

2.

The Village Administrative Officer, Old Katpadi, Katpadi, Vellore - 632 007.

5/7

M.DHANDAPANI, J.

skt 6/7

01.12.2022 7/7