C.Ganesan v. The Revenue Division Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.13196 of 2017 C.Ganesan

...Petitioner

-Vs1.The Revenue Division Officer, O/o. The Revenue Division Officer, Periyakulam, 2.The District Surveyor, Theni District, Theni 3.The Taluk Surveyor, Andipatti Taluk, 4.The Tahsildar, Andipatti Taluk,

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents Nos.2 to 3 to conduct survey the petitioner's lands in Survey Nos.941/1, 941/2, 941/4, 941/5, 941/6 and 941/7 situated at kunoor village, A.Moonandipatti @Arappathevanpatti, Andipatti Taluk, Theni District, as per the sale deeds dated 10.02.1983 in Document No.322/1983 and sale deed dated 21.02.2012 in Document No.1180/12 registered at SubRegistrar Office, Antipatti and mark the boundaries and consequently direct the respondent No.1 to cancel the wrong subdivision with regard the said survey numbers within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.C.Selvaraj Special Government Pleader.

ORDER

This Writ Petition is filed seeking for issuance of a Writ of Mandamus directing the respondents Nos.2 to 3 to conduct survey of the petitioner's land and mark the boundaries and

consequently directing the first respondent to cancel the wrong sub-division with regard to the Petitioner's land. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the petitioner is that his mother, namely, Alagammal had purchased the 2.76 acres in Survey No.941/1 situated at Kunoor Village in Arappathevanpatti, Andipatti Taluk, Theni District, through a registered sale deed registered as Document No. 322/198. Subsequently, she executed a sale deed in favour of the petitioner in respect of the land to an extent of 1 acre 67 cents. However, wrong entries have been made by the respondents while updating the records. Hence, the petitioner's mother had paid fees on 30.05.

2016 with the third respondent and sought survey of the land and to fix the boundaries. Further a representation was given to the District Collector on 08.08.2016 and another representation was given to the respondent on 14.06.2017. Since no action has been taken, the present writ petition has been filed.

4.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the claim made by the petitioner, directs the second and third respondents to consider the representation of the petitioner, dated 14.06.2017, and pass appropriate orders on the same on merits and in accordance with law, after providing opportunity to all necessary parties, as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.

To 1.The Revenue Division Officer, O/o. The Revenue Division Officer, Periyakulam,

2.The District Surveyor, Theni District, Theni 3.The Taluk Surveyor, Andipatti Taluk, 4.The Tahsildar, Andipatti Taluk, +1CC to Mr.T.Lajapathi Roy, Advocate, SR.No.66176 +1CC to the Special Government Pleader SR.No. 66408 W.P.(MD)No.13196 of 2017 18.07.2017 skn/smi AM/MR KKR/SAR 1/08.08.2017/3P/7C