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Madras High CourtWP/31256/2024allowed

A.Arunkennedy v. The Revenue Divisional Officer

2024-12-06Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A.Arunkennedy

...Petitioner

Vs.

1.The Revenue Divisional Officer, Kallakurichi.

2.The Tahsildar, Taluk Office, Kallakurichi District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, direct the respondents to consider the petitioner's representation dated 23.07.2024 consequently direct the respondents to survey and issue separate patta with respect to the property bearing Natham S.Nos.101/6, 101/10, 101/13 in Kallakurichi. For Petitioner :Mr.S.N.Subramani For Respondents :Mr.P.Sathish Additional Government Pleader 1/5

O R D E R

Challenging the refusal to survey the suit property, the petitioner is before this Court.

2. The petitioner's mother had executed the settlement deed registered as Document No.5494 of 2010 on the file of the SubRegistrar Office, Kallakurichi in favour of the petitioner and he has been in possession and enjoyment of the same. The petitioner applied for subdivision on 28.06.2022 and 08.07.2024. Thereafter the petitioner sent representation for sub-division on 23.07.2024 to the respondents and seeks patta in his name. However, the survey has not been conducted to date. Therefore, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, 2/5

mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

06.12.2024 Index: Yes/No Internet : Yes/No ssn To 1.The Revenue Divisional Officer, 3/5

Kallakurichi.

2.The Tahsildar, Taluk Office, Kallakurichi District.

P.T. ASHA, J, ssn 4/5

06.12.2024 5/5