The court directed the Tahsildar to issue patta for Survey No.151/1 land after conducting an enquiry and notifying interested parties, including legal representatives of the deceased 4th respondent.
Directed the 2nd respondent to consider the petitioner's representation and pass orders after enquiry and notice within twelve weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.30023 of 2012
V.Govindasamy
... Petitioner
Vs. 1.The Revenue Divisional Officer, Kancheepuram District, Kancheepuram. 2.The Tahsildar, Thirukkazhukundram Taluk, Thirukkazhukundram, Kancheepuram District. 3.Adhimoolam 4.Pandiyan 5.Yuvaraj ... Respondents
Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus to direct the 2nd respondent to issue patta based on the representation of the petitioner dated 05.08.2012 in respect of the land comprised in Survey No.151/1 to an extent of acre 0.60 cents situate at Mettumangalam Village, Thirukkazhukundram Taluk, Kancheepuram District, within a stipulated time.
For Petitioner : Mr.Rajadurai for Mr.C.Prabakaran For Respondents: Ms.A.Madhumathi,
Special Government Pleader (R1 & R2) Mr.K.Ramesh (R3) Mr.A.Prabhakaran (R4) R5 – no appearance
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of mandamus directing the 2nd respondent to issue patta based on the representation dated 05.08.2012 in respect of the land comprised in Survey No.151/1 measuring an extent of 0.60 acres situate at Mettumangalam Village, Thirukkazhukundram Taluk, Kancheepuram District, within a time frame.
2.Mr.Rajadurai, learned counsel appearing for the petitioner submitted that though the petitioner has given the representation as early as on 05.08.2012, the 2nd respondent has not passed any order so far.
3.Mr.A.Prabhakaran, learned counsel appearing for the 4th respondent submitted that the 4th respondent is no more, therefore, the 2nd respondent may be directed to consider the petitioner's representation and pass orders, after giving notice to the legal representatives of the 4th respondent and also to other interested parties.
4.Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the 2nd respondent may be directed to consider the petitioner's representation and pass orders, after conducting enquiry and giving notice to all the interested parties within a time frame.
5.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 05.08.2012 and pass orders, after conducting enquiry and giving notice to all the interested parties, including the legal representatives of the 4th respondent, within a period of twelve weeks from the date of receipt of a copy of this order.
6.With these observations, the Writ Petition is disposed
of. No costs.
-s/d-
Assistant Registrar(CS- )
True Copy
Sub-Assistant Registrar
To
1.The Revenue Divisional Officer,
Kancheepuram District,
Kancheepuram.
2.The Tahsildar,
Thirukkazhukundram Taluk,
Thirukkazhukundram,
Kancheepuram District.
Sks(co) krd 24/8
W.P.No.30023 of 2012
1 issue framed by the court
Whether the Revenue Divisional Officer should issue patta based on the petitioner's representation after conducting an enquiry and giving notice to interested parties.
Govindasamy
Revenue Divisional Officer, Kancheepuram District
Tahsildar, Thirukkazhukundram Taluk
Adhimoolam
Pandiyan
Yuvaraj
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
