Sunil Ramakrishna v. The Revenue Divisional Officer
In the High Court of Judicature at Madras Dated : 11.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.36938 of 2024 Sunil Ramakrishna
...Petitioner
Vs 1.The Revenue Divisional Officer, Central Chennai Division, Anna Nagar Western Extension, Chennai-101.
2.The Tahsildar, Egmore Taluk Office, Egmore, Chennai-8.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 24.10.2024 in accordance with law.
For Petitioner :
Mr.R.Thirugnanam For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to the respondents to consider his representation dated 24.10.2024, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned 1/6
Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is that under a settlement deed 07.6.2013 registered as doc.No.1316 of 2023 on the file of the SubRegistrar, Periamet, the petitioner's mother settled the property in survey No.154/68 measuring 3 grounds and 1,213 sq.ft., Block No.13, Egmore Nungambakkam Taluk together with half share in the common passage in survey No.154/45 measuring 1 ground and 778 sq.ft leading to Landons Road. Pursuant to that, the petitioner has been in possession and enjoyment of the said property.
4. The petitioner made an online application for issuing a copy of the abstract for the town survey land register and it was issued by the second respondent in respect of survey No.154/68, Block No.13, Landons Road, Kilpauk measuring 5 Ares and 58.5 Sq.meters standing the name of the petitioner's mother and one Mrs.Leela Ramachandran. Thereafter, the petitioner made a representation dated 13.12.2019 to the second respondent requesting to delete the name of the said Mrs.Leela Ramachandran and include his name and to correct the extent of the land in the said town survey land register.
5. Subsequently, vide communication dated 04.11.2021, the 2/6
second respondent informed the first respondent by marking a copy to the petitioner that the said Mrs.Leela Ramachandran gave a letter dated 20.10.2020 stating no objection for deleting her name in the town survey land register and also requested the first respondent to correct the extent of the land as 0.07.81.0 sq.meters, which is equivalent to 3 grounds and 1,213 sq.ft. Once again, on 02.12.2022, the said Mrs.Leela Ramchandran sent a letter to the second respondent to remove her name in the town survey land register in respect of S.No.154/68. Pursuant to that, vide communication dated 09.5.2013, the first respondent required the petitioner to appear for an inquiry on 30.5.2013, in which, he also appeared. But, thereafter, there was a lull and no orders were passed. Hence, the petitioner made yet another representation on 24.10.2024 to the respondents reiterating his grievance. Though the said representation has been received by the respondents, it did not evoke any response. Hence the writ petition.
6. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.
7. This Court is unable to understand as to why the first 3/6
respondent has not proceeded to pass orders despite the fact that the said Mrs.Leela Ramachandran, whose name had been included in the town survey land register, herself stated that she had no objections to remove her name in the town survey land register. Further, the second respondent also communicated to the first respondent that the extent shown in the town survey land register also has to be corrected. When the report of the second respondent dated 04.11.2021 and the no objection given by the said Mrs.Leela Ramachandran dated 02.12.2022 are forwarded to the first respondent, it is not known as to why the first respondent is dragging his feet without passing the orders on the latest representation of the petitioner dated 24.10.2024 and it gives rise to a doubt in the mind of this Court.
8. In the light of the above, the writ petition is allowed and a Mandamus is issued to the first respondent to dispose of the said representation of the petitioner dated 24.10.2024 within a period of four weeks from the date of receipt of a copy of this order. No costs. 11.12.2024 RS 4/6
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P.T.ASHA,J RS To 1.The Revenue Divisional Officer, Central Chennai Division, Anna Nagar Western Extension, Chennai-101.
2.The Tahsildar, Egmore Taluk Office, Egmore, Chennai-8.
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