V.Durairaj, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15727 of 2016 V.Durairaj ... Petitioner Vs.

1.The Tahsildar, Krishnarayapuram Taluk, Karur District.

2.The Zonal Deputy Tahsildar(Patta), Krishnarayapuram Taluk, Karur District.

3.Head Surveyor, Krishnarayapuram Taluk, Karur District.

4.The Village Administrative Officer, Kallapalli Village, Lalapet Hamlet, Krishnarayapuram Taluk, Karur District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing the Respondents to sub-divide the property and issue a separate patta in Natham Survey No.234 Sub-Division 1 at Kallapalli Village, Lalapet Hamlet, Krishnarayapuram Taluk based on the Petitioner's representation, dated 25.01.2016. For Petitioner : Mr.Kr.Singaravadivel For Respondents : Mr.V.Muruganandham, Additional Government Pleader

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondents.

2. According to the Petitioner, he is having house property in Natham Survey No.234/1 Kallapalli Village, Lalapet Hamlet, Krishnarayapuram Taluk and the said property originally belongs to one Prem Kumar at Kallapalli Village. Later, it was sold to him.

3. The stand of the Petitioner is that one Prem Kumar had executed a sale-deed for valuable consideration in his father and the sale deed was registered on 27.11.2015(vide Document No.2172/2015). It comes to be known that now the patta stands in the name of previous owner Prem Kumar(as per revenue records). Hence, the Petitioner has filed an application seeking for change of separate patta in his favour from the previous owner Prem Kumar. In reality, he had paid survey fees on 25.01.2016.

4. Considering the fact that the Petitioner's representation, dated 25.01.2016 addressed to the First Respondent/Tahsildar, Krishnarayapuram Taluk, Karur District, is pending as on date without any disposal or significant progress, at this stage, this Court without going into the merits and contents of the representation of the Petitioner, dated 25.01.2016, in the interest of justice and fair play, directs the First Respondent to look into the representation of the Petitioner, dated 25.01.2016, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the First Respondent shall pass a reasoned speaking order on merits on the representation of the Petitioner, dated 25.01.

2016 (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, who are interested in the subject matter in issue), within a period of four weeks thereafter.

In case, the First Respondent is in need of any copy of relevant records/certified copy of documents, as the case may be, then, it is open to the First Respondent to call for such records/documents from the possession of the Petitioner by means of issuance of memo/notice and soon after receipt of such memo/notice, it is incumbent on the part of the Petitioner to comply with the plea/request made by the First Respondent without any haziness or hesitation, as expeditiously as possible, so as to enable the First Respondent/Tahsildar, Krishnarayapuram Taluk, Karur District, to do the needful, within the time adumbrated by this Court, as stated supra. Needless for this Court to make a significant mention that the Petitioner is to render her assistance and instinted co-operation to the First Respondent in the subject matter in issue.

With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar

To 1.The Tahsildar, Krishnarayapuram Taluk, Karur District.

2.The Zonal Deputy Tahsildar(Patta), Krishnarayapuram Taluk, Karur District.

3.Head Surveyor, Krishnarayapuram Taluk, Karur District.

4.The Village Administrative Officer, Kallapalli Village, Lalapet Hamlet, Krishnarayapuram Taluk, Karur District.

+1cc to Mr.Singaravadivel, Advocate Sr.No.47054 +1cc to special Government Pleader SR.No.47439 pm sm:CK:07/09/2016:3P/7C W.P(MD)No.15727 of 2016 24.08.2016