Soundararajan.K v. The Director Of Survey And Settlement Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.Soundararajan ... Petitioner Vs.

1.The Director of Survey and Settlement Officer, Survey House, Chepauk, Chennai - 5.

2.The District Collector, Tenkasi District, 3.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

4.The Tahsildar, Tenkasi Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the first and third respondents to issue a patta bearing in Survey No.27/2 and 27/3 to an extent of 11 cents situated at Courtalam, Tenkasi District based on the petitioner's representation dated 06.05.2021.

For Petitioner : Mr.PR.Boomee Rajan For Respondents : Mr.D.Gandhiraj, Special Government Pleader.

ORDER

This Petition has been filed in the nature of Mandamus seeking a direction to the first and third respondents to issue patta bearing Survey Nos.27/2 and 27/3 to an extent of 11 cents situated at Courtalam, Tenkasi District based on the petitioner's representation dated 06.05.2021.

2. The matter had come up earlier and my predecessor has made an observation that the petitioner had not produced the title 1/3

or revenue records in his favour and has based the Writ Petition on the basis of a communication. The learned counsel for the petitioner has also drawn my attention to the communication which is actually an order dated 16.09.2020 by the third respondent. The third respondent had stated that the petitioner's grievance can be addressed only by the Tahsildar, Tenkasi Taluk.

3. The petitioner seeks patta and therefore he had given a representation to the fourth respondent. But the petitioner should file an online application and also pay necessary fees for the same. If the petitioner files necessary applications in that regard and also pay necessary fees, then the Tahsildar may call upon the petitioner to produce necessary title documents and revenue records and if the petitioner produces such documents, after further enquiry and also after enquiring whether there are any rival claimants and also issuing notice to any other rival claimants or the neighbours in that area, the fourth respondent may proceed to examine the application of the petitioner. The fourth respondent is granted twenty (20) weeks time to dispose of such application which has to be filed by the petitioner through online and with necessary fees for the same.

4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Director of Survey and Settlement Officer, Survey House, Chepauk, Chennai - 5.

2.The District Collector, Tenkasi District, 2/3

3.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

4.The Tahsildar, Tenkasi Taluk, +1 CC to M/s.PR BOOMEE RAJAN, Advocate ( SR-34170[F] dated 11/11/2021 ) 10.11.2021 DKS(CO) KB(19.11.2021) 3P 6C 3/3