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Madras High CourtWP/11529/2024disposed of

S.Savitha v. The Tahsildar

2024-04-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR C.Savitha .. Petitioner

Versus

The Tahsildar, Kinathukadavu Taluk, Kinathukadavu, Coimbatore District 642 109.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to issue patta in respect of S.F.No.37/9A, New No.372/2 situate at Kinathukadavu Village, Kinathukadavu Taluk, Coimbatore District, measuring an extent of 43 cents or 18,730 sq.feet or 1,740.0 sq.metre, as per payment made in Challan No.20221007006549 dated 07.10.2022, on the representation dated 01.10.2022 made by the petitioner.

For Petitioner : Mr.A.Tamilarasan For Respondent : Mr.A.Selvendran Special Government Pleader

ORDER

This writ petition is filed to direct the respondent herein to issue patta in respect of S.F.No.37/9A, New No.372/2 situate at Kinathukadavu Village, Kinathukadavu Taluk, Coimbatore District, measuring an extent of 43 cents or 18,730 sq.feet or 1,740.0 sq.metre, as per payment made in Challan 1/4

No.20221007006549 dated 07.10.2022 and to consider the representation dated 01.10.2022 in this regard.

2. By consent of both parties, the Writ Petition is disposed of at the admission stage itself.

3. The case of the petitioner is that his father executed a settlement deed dated 11.05.2009 in favour of his mother, C.Padamavathi vide Document No.2886/2009 registered in the office of the Sub Registrar, Kinathukadavu, Coimbatore. Thereafter, his mother executed a settlement deed dated 25.06.2018 in favour of the petitioner registered in the office of the Sub Registrar of Kinathukadavu, Coimbatore, vide Document No.3285/2018 in respect of S.F.No.37/9A, New No.372/2 measuring an extent of 43 cents or 18,730 sq.feet or 1,740 sq.metre situate at Kinathukadavu Village, Kinathukadavu Taluk, Coimbatore District. After obtaining building permission from the Kinathukadavu Municipality dated 07.10.2022, the petitioner constructed a commercial building in the subject property. It is the grievance of the petitioner that he has made a representation dated 01.10.2022 to the respondent requesting to issue a separate patta in his name. The respondent has also issued notice dated 03.11.2022 to conduct survey, but the patta has 2/4

not been issued yet. Hence, the present Writ Petition.

4. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondent and perused the materials available on record.

5. Considering the limited relief sought for in this writ petition, the respondent is directed to consider the representation of the petitioner dated 01.10.2022 and pass appropriate orders on the petitioner's representation for survey of the property and to issue separate patta, after giving notice to the neighbouring land owners and any other interested persons, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 26.04.2024 gsa Index :Yes/No Internet :Yes/No : Yes/No 3/4

N. SATHISH KUMAR , J.

gsa To, The Tahsildar, Kinathukadavu Taluk, Kinathukadavu, Coimbatore District 642 109.

W.P.No.11529 of 2024 26.04.2024 4/4