B.Selvakumar v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA B.Selvakumar ... Petitioner Vs.

1.The Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar District.

2.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to conduct an enquiry and dispose his appeal/representation, dated 15.05.2023 submitted to him in regard to cancel the patta in Patta No.8858 on the file of the second respondent and thereby direct the respondents to conduct a subdivision in Survey No.1208/2 of Thiruthangal Village and issue separate patta in his name for his house site property to an extent of 1010.625 square feet by taking account of the order passed in I.A.No.824 of 1977 in O.S.No.220 of 1970 by the learned District Munsif, Sathur as well as our partition Deed in Doc.No. 703/2017 dated 27.03.2017 on the file of the Sub-Registrar, Thiruthangal and 1/4

enquiry report dated 05.09.2023 of the Village Administrative Officer, Thiruthangal Village within the time limit that may be fixed by this Court. For Petitioner : Mr.M.Mohanasundaram For Respondents : Mr.A.Kannan Additional Government Pleader

O R D E R

This writ petition has been filed to direct the first respondent to conduct an enquiry and dispose his appeal/representation, dated 15.05.2023 to cancel the patta in Patta No.8858 in favour of Sankareswari and direct the respondents to conduct a subdivision in Survey No.1208/2 of Thiruthangal Village and issue separate patta in his name to an extent of 1010.625 square feet by taking account of the order passed in I.A.No.824 of 1977 in O.S.No.220 of 1970, partition Deed in Doc.No.703/2017, dated 27.03.2017 and enquiry report, dated 05.09.2023.

2. In pursuance of the petitioner's appeal, the first respondent directed the Village Administrative Officer to submit the report. Inspite of the Village Administrative Officer submitting hisreport, the first respondent did not take further action, and so the petitioner filed the writ petition for the aforesaid relief.

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3. Considering the limited scope of the prayer sought for in the writ petition, a direction is issued to the first respondent to dispose of the petitioner's appeal, dated 15.05.2023 and pass appropriate orders on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order.

4. Accordingly, this writ petitions stands disposed of. No costs. 04.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:

1.The Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar District.

2.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District.

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N.MALA, J.

SN 04.11.2024 4/4