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Madras High CourtWP/31225/2018disposed of

Nandagopal.M v. The Thasildar Office

2018-12-11Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.12.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.31225 of 2018 Nandagopal.M ... Petitioner Vs.

1. The Tahsildar, Office of the Tahsildar,

2. The Taluk Surveyor,

3. The District Revenue Officer, Ranipet, Vellore District.

... Respondents PRAYER :

Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to issue patta to the petitioner for his land to an extent of 30 cents in Survey No.136/1 in Melpakkam Village, Arakonam Taluk, Vellore District after surveying and demarcating the said lands.

For Petitioner : Mr.R.Harinath For Respondents: Mr.E.Balamurugan, Special Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to issue patta to the petitioner for his land to an extent of 30 cents in Survey No.136/1 in Melpakkam Village, Arakonam Taluk, Vellore District after surveying and demarcating the said lands.

2. Heard Mr.R.Harinath, learned counsel appearing for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader appearing for the respondents.

3. From the papers available, it is seen that the petitioner has submitted representations to the District Collector, Revenue Divisional Officer and Tahsildar for issuance of patta only in the year 2015. Thereafter, there is no follow up. Now, it is stated that any application for issuance of patta should be made only through online.

4. Considering the facts and circumstances of the case and the submissions made on either side, the petitioner is permitted to apply for patta through online within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing any opinion on the merits of the representation to be made by the petitioner.

5. It is the fact that there is a dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein waiting their properties to be surveyed. Hence, the first respondent is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rsi To

1. The Tahsildar, Office of the Tahsildar,

2. The Taluk Surveyor,

3. The District Revenue Officer, Ranipet, Vellore District.

+1cc to the Government Pleader, S.R.No.86251 W.P.No.31225 of 2018 EV(CO) CS/08/01/2019