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Madras High CourtWP/9532/2025disposed of

K.Marimuthu v. The Tahsildar

2025-03-27Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. K.Marimuthu 2.M.Varatharaj Petitioner(s) Vs

1. The Tahsildar O/o. Tahsildar Office, Vellandivalasu Post, Edappadi Taluk, Salem District Tamil Nadu- 637 105.

2.VEERABATHRAN 3.KAVERI 4.MURUGASEN 5.THANGARAJ 6.MUTHU 7.VELMURUGAN Respondent(s)

2/6 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, Directing the 1st Respondent to process the patta name transfer applications (Application Nos.2024/0105/08/518051 and 2024/0105/08/518052, dated 09/07/2024) and conduct a fair land measurement based on the petitioners title deeds (Document No.895 of 1999 and Document No.419 of 2022) and issue an independent patta in the petitioners name.

For Petitioner(s):

Ms.R.Nasrine For Respondent(s):

Mr.A.Selvendran Special Government Pleader for R1

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1 st respondent to process the application submitted by the petitioners on 09.07.2024, wherein, the petitioners have sought for issuance of patta in their name with respect to the subject property.

2.Heard Ms.R.Nasrine, learned counsel appearing on behalf of the petitioners and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the 1st respondent.

3/6 3.The petitioners are placing reliance upon the Partition Deed dated 14.05.1999 and also the joint patta issued in Patta No.125. The petitioners wanted a survey to be conducted for demarcation of boundaries with respect to the property in their possession. Since the same was not acted upon and there was resistance on the side of the private respondents, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 1 st respondent to act upon the application submitted by the petitioners on 09.07.2024 and survey shall be conducted in line with the title document and the joint patta that stands in the name of the petitioners.

If there is any resistance on the side of the private respondents, the 1 st respondent shall ascertain as to whether they have approached any Civil Court seeking for any relief. In the absence of the same, the survey shall be conducted in their presence.

4/6 receipt of copy of this order. If any law and order problem is anticipated, the 1 st respondent shall take necessary police protection from the jurisdictional police. 5.This writ petition is disposed of with the above directions. No Costs. 27-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To The Tahsildar O/o. Tahsildar Office, Vellandivalasu Post, Edappadi Taluk, Salem District Tamil Nadu- 637 105.

6/6 N.ANAND VENKATESH J.

ssr 27-03-2025