K.Kathirvel v. The Tashildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA K.Kathirvel
...Petitioner
Vs.
1.The Tahsildar, Anaimalai Taluk, Coimbatore District.
2. The Taluk Surveyor, Anaimalai Taluk, Coimbatore District.
3. The Village Administrative Officer, Jallipatti Village, Anaimalai Taluk, Coimbatore District.
...Respondents
Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 1&2 to survey and sub-division the petitioner's lands measuring 1.81 acres in S.F.No.71 and 1.31 acres in S.F.No.98/2 in Jallipatti Village of Anaimalai Taluk in Coimbatore District as per the Sale Deed dated 22.12.2011 registered as 1/6
Doc.No.6425 of 2011 on the file of Sub Registrar, Anaimalai, the land measuring 1.91 acres in S.F.No.98/2 in Jallipatti Village of Anaimalai Taluk in Coimbatore District as per the Sale Deed dated 11.08.2023 registered as Doc.No.4490 of 2023 on the file of Sub Registrar, Anaimalai and the land measuring 3.52 acres in S.F.No.71 in Jallipatti Village of Anaimalai Taluk in Coimbatore District as per the Sale Deed dated 11.08.2023 registered as Doc.No.4489 of 2023 on the file of Sub Registrar, Anaimalai and issue a separate Pattas to the petitioner's name by considering the petitioner's applications dated 24.10.2024 and 09.01.2025.
For Petitioner :
Mr.Ponraj For Respondents :
Mr.A.Selvendran, Special Government Pleader *********
O R D E R
The above Writ Petition has been filed seeking a mandamus to the respondents 1&2 to consider the petitioner's applications dated 24.10.2024 and 09.01.2025.
2. The grievance of the petitioner is that, despite making an applications dated 24.10.2024 and 09.01.2025, to survey and sub2/6
division the petitioner's lands measuring 1.81 acres in S.F.No.71 and 1.31 acres in S.F.No.98/2 in Jallipatti Village of Anaimalai Taluk in Coimbatore District as per the Sale Deed dated 22.12.2011 registered as Doc.No.6425 of 2011 on the file of Sub Registrar, Anaimalai, the land measuring 1.91 acres in S.F.No.98/2 in Jallipatti Village of Anaimalai Taluk in Coimbatore District as per the Sale Deed dated 11.08.2023 registered as Doc.No.4490 of 2023 on the file of Sub Registrar, Anaimalai and the land measuring 3.52 acres in S.F.No.71 in Jallipatti Village of Anaimalai Taluk in Coimbatore District as per the Sale Deed dated 11.08.2023 registered as Doc.No.4489 of 2023 on the file of Sub Registrar, Anaimalai and issue a separate Pattas to the petitioner's name, the respondents 1&2 have not proceeded to survey the land in question.
3. Heard the learned counsels on the either side and perused the records.
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4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents 1&2 to conduct a survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents 1&2 shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of twelve
(12) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is allowed. No costs.
30.01.2025 nvi Index : Yes/No Internet : Yes/No 4/6
To 1.The Tahsildar, Anaimalai Taluk, Coimbatore District.
2. The Taluk Surveyor, Anaimalai Taluk, Coimbatore District.
3. The Village Administrative Officer, Jallipatti Village, Anaimalai Taluk, Coimbatore District.
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P.T. ASHA, J, nvi W.P.No. 3127 of 2025 30.01.2025 6/6