Seenivasan vs The Sub Collector/Revenue Divisional ... on 23 April, 2021

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Madras High Court

Seenivasan vs The Sub Collector/Revenue Divisional ... on 23 April, 2021

Bench: N.Anand Venkatesh

                                                                             W.P.(MD)No.8492 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 23.04.2021

                                                      CORAM

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                               W.P.(MD)No.8492 of 2021

                     Seenivasan                                             .. Petitioner

                                                      Vs.

                     1.The Sub Collector/Revenue Divisional Officer,
                       Cheranmahadevi,
                       Tirunelveli District.

                     2.The Tahsildar,
                       Radhapuram Taluk,
                       Tirunelveli District.

                     3.The Firka Surveyor,
                       Valliyoor Firka,
                       Radhapuram Taluk,
                       Tirunelveli District.

                     4.The Village Administrative Officer,
                       Valliyoor Village,
                       Radhapuram Taluk,
                       Tirunelveli District.                                .. Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                     praying to issue a Writ of Mandamus, directing the 2 to 4 respondents to


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                                                                                  W.P.(MD)No.8492 of 2021


                     effect subdivision by conducting survey and earmarking the four
                     boundaries in Survey No.1453/1B, North Valliyoor Village, Radhapuram
                     Taluk, Tirunelveli District and issue patta in favour of the petitioner.

                                     For Petitioner           : Mr.C.Mayilvahana Rajendran

                                     For Respondents          : Ms.B.Bhagawathy,
                                                                Government Advocate.

                                                            *****


                                                          ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to consider the representation made by the petitioner on 05.04.2021, wherein the petitioner is seeking for the survey, subdivision and issuance of separate patta in favour of the petitioner.

2. The case of the petitioner is that he purchased the subject property by virtue of a registered sale deed dated 29.03.2021. It is further stated that when the sale deed was registered, a sum of Rs.400/- (Rupees Four Hundred only) was also collected from the petitioner for the purpose of survey, subdivision and issuance of separate pata. The grievance of the 2/6 https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.8492 of 2021 petitioner is that no survey was conducted and therefore, the petitioner made a representation to the respondents on 05.04.2021. Since the same did not evoke any response, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.C.Mayilvahana Rajendran, learned counsel appearing on behalf of the petitioner and Ms.B.Bhagawathy, learned Government Advocate appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second and third respondents to consider the representation made by the petitioner on 05.04.2021 and take a decision with regard to the survey, subdivision and issuance of separate patta in favour of the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order. If there are any other interested persons, notice shall be issued to them, before taking a decision.

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5. The petitioner is directed to make a fresh representation to the second and third respondents along with all the relevant documents and also a copy of this order.

6. This Writ Petition is disposed of with the above direction. No costs.



                                                                            23.04.2021
                     Index           : Yes / No
                     Internet        : Yes / No

                     vsm

In view of the present lock down owing to COVID-19 Note : 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.

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https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.8492 of 2021 To

1.The Sub Collector/Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

2.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

3.The Firka Surveyor, Valliyoor Firka, Radhapuram Taluk, Tirunelveli District.

4.The Village Administrative Officer, Valliyoor Village, Radhapuram Taluk, Tirunelveli District.

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