IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

W.P.No.24704 of 2018

J.Radhakrishnan,

S/o. Late Jaganada Reddy

... Petitioner

Vs.

1. The Settlement Officer,

O/o. The Commissioner and

Director of Survey and Settlement,

Chepauk, Chennai.

2. The Revenue Divisional Officer,

Vellore District, Vellore.

3. Muthavalli,

“Yakkub Sharief,

S/o. Sheik Hyder Sahib”,

Amirpisan Dharga Street,

Arcot-632 503, Vellore Dt.

... Respondents

Prayer : Writ Petition filed under Article 226 of the

Constitution of India praying for the issuance of a Writ of

Mandamus, directing the 2^nd respondent to conduct enquiry as

forwarded by the 1^st respondent letter dated 22.03.2017 in

K3/3437/2017 and produce the enquiry report before this Hon'ble

Court within the time frame fixed by this Hon'ble Court.

For Petitioner :

Mr.Perumbulavil Radhakrishnan

For Respondents :

Mr. Ganesan,

Addl. Govt. Pleader for R1 & R2

Mr.T.P.Prabakaran for R3

O R D E R

This Writ Petition has been filed seeking a direction

directing the 2^nd respondents to conduct enquiry as forwarded by

the 1^st respondent and produce the enquiry report before this

Court within the time frame fixed by this Court.

2. Earlier, this Court by an order dated 10.03.2022 directed

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the Tahsildar, Arcot to conduct enquuiry on the application

filed by the petitioner for granting patta and pursuant to the

same, the enquiry said to be conducted and report dated

03.04.2022 has been filed before this Court.

3. The learned Addl. Government Pleader appearing for

respondents 1 and 2 would submit that, town record register

submitted by the petitioner is no way connected with the

petitioner's registered document and the petitioner has no

enjoyment in the above mentioned town survey numbers.

4. Mr.Radhakrishnan, learned counsel appearing for

petitioner would submit that, the petitioner has produced

documents before the respondents and he has established his

title. But, none of the documents was considered and no reason

was given for not registering those documents. In the said

circumstances, the 2^nd respondent had passed a cryptic and non-

speaking order rejecting the petitioner's claim.

5. Heard and considered rival submissions made by learned

counsel appearing for both sides and perused the records

carefully.

6. The report submitted by the Tahsildar is bereft of any

reason and none of the documents submitted by the petitioner

considered by the respondent. Considering the circumstances,

the Tahsildar, Arcot is directed to conduct denova enquiry, and

on hearing the petitioner as well as 3^rd respondent Muthavalli

and to pass a reasoned order on merits and in accordance with

law. The above exercise shall be completed within a period of

six weeks from the date of receipt of copy of this order.

Accordingly, this Writ Petition stands disposed of. No costs.

Sd/-

Assistant Registrar(CO)

//True Copy//

Sub Assistant Registrar

rpp

To

1. The Settlement Officer,

O/o. The Commissioner and

Director of Survey and Settlement,

Chepauk, Chennai.

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2. The Revenue Divisional Officer,

Vellore District, Vellore.

Copy To:

The Tahsildar,

Arcot.

+1cc to Mr.Perumbulavil, Advocate, S.R.No.27877

+1cc to the Government Pleader, S.R.No.27966

W.P.No.24704 of 2018

AK(CO)

SB(19/05/2022)

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