Suganthi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4816 of 2025 Suganthi ..Petitioner Vs.
1. The District Collector,
2. The Tahsildar, The Tahsildar Office, Udumalpet,
3. The Taluk Surveyor, Tahsildar Office, Udumalpet, Tiruppur District.
4. The Inspector of Police, Amaravathi Police Station,
5. Jaganathan
6. Maniammal
7. Sumathi ... Respondents 1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to consider the application bearing numbers 2024/0123/32/002882 dated 25.11.2024, 2024/0105/32/387799 dated 25.11.2024 and representation of the petitioner dated 12.12.2024 by providing necessary opportunity to the respondents no.5 to 7 and to survey and earmark the four boundaries of the petitioner`s property situated in survey number 235/2 admeasuring an extent of Acres 1.087 cents situated at Kallapuram village Udumalpet taluk Tiruppur district to survey and sub divide the land comprised in survey number 236 admeasuring an extent of Acres 0.
86 cents situated at Kallapuram Village, Udumalpet Taluk and issue separate patta as per Section 10 of the Tamil Nadu Patta Pass Book Act, 1983 and further more, to give police protection while surveying the above said lands within the time frame fixed by this Court. For Petitioner : Mr B.Anandan For Respondents : Mr.R.P.Murugan Raja Government Advocate for R1 to R3 Mr.V.J.Priyadarsana Government Advocate [Crl.
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the respondents 2 and 3 to act upon the application submitted by the petitioner on 25.11.2024 wherein the petitioner is seeking for survey of the 2/6
subject property for demarcating the boundaries and for issuance of a separate patta in the name of the petitioner with respect to the subject property in Survey No.236.
2.
Heard Mr B.Anandan, learned counsel for the petitioner and Mr.R.P.Murugan Raja, learned Government Advocate for Respondents 1 to 3 and Mr.V.J.Priyadarsana, learned Government Advocate [Crl. Side] for 4th respondent.
3.
The petitioner is the owner of the property situated in Survey No.235/2, 236, by virtue of a registered sale deed dated 26.10.2015. Insofar as Survey No.235/2 is concerned, the petitioner was issued individual patta in her name. However, insofar as Survey No.236, the petitioner was shown as joint patta holder. It is under these circumstances, the petitioner made an application seeking for survey of the property and for demarcation of boundaries and for issuance of a separate patta in the name of the petitioner. Since the same was not acted upon, the present writ petition has been filed before this Court. 4.
Taking into consideration the facts and circumstances of the case and materials placed before this Court and considering the grievance expressed by the petitioner, there shall be a direction to the respondents 2 and 3 to act upon 3/6
the application submitted by the petitioner on 25.11.2024 and conduct necessary survey in the subject property. If respondents 5 to 7 make any objection, such survey shall be conducted in their presence. It shall be ensured that the survey is conducted in line with the title deed and no one will create any law and order problem at the time of conducting the survey. If any resistance is made, there shall be a direction to the 4th respondent to provide necessary police protection at the time of conducting the survey. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. 5.
This writ petition is disposed of with the above directions. No costs.
18.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka To
1. The District Collector, 4/6
2. The Tahsildar, The Tahsildar Office, Udumalpet,
3. The Taluk Surveyor, Tahsildar Office, Udumalpet, Tiruppur District.
4. The Inspector of Police, Amaravathi Police Station, N. ANAND VENKATESH, J.
rka 5/6
W.P.No.4816 of 2025 18.02.2025 6/6