M.Navas v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Navas S/o.Muhamed Thasem, Door No.14, Ummar Lane, Pennagaram Town, Pennagaram Taluk, Dharmapuri District Petitioner Vs

1. District Collector, Office Of District Collector, Dharmapuri.

2.Revenue Divisional Officer, Office Of District Collectorate, Dharmapuri.

3.The Tahsildar, Pennagaram Taluk, Dharmapuri District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to consider the petitioner's online application No.2024/0105/05/291346 dt,22.6.2024 made for field inspection and to survey of the land measuring an extent of 0.50 cents in Survey No.729/3, Pennagaram Village, Pennagaram Taluk, Dharmapuri District for issuance of individual patta.

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For Petitioner : Ms.T.Yazhini For Respondents : Mr.A.Selvendran Special Government Pleader *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents, particularly, the third respondent to act upon the online application submitted by the petitioner on 22.06.2024 wherein the petitioner has sought for survey of the subject property and for demarcation of boundaries and for issuance of individual patta.

2. Heard Ms.T.Yazhini, learned counsel for petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents.

3. It is seen from records that the petitioner is claiming right over the property by virtue of a registered sale deed dated 17.06.2019. The petitioner is placing reliance upon the joint patta dated 30.05.2024 issued in patta No.6389. The petitioner wanted a separate patta in his favour and accordingly, submitted an online application on 22.06.2024 by paying the necessary charges. For this purpose, the petitioner also 2/5

wanted a survey to be conducted in the property. Since the same was not considered, the present writ petition has been filed before this Court.

4. A suit is pending in O.S.No.297 of 2021 before the Principal Sub Judge, Dharmapuri, filed by the petitioner and his brother. Under such circumstances, if any survey has to be conducted, it is left open to the petitioner to file an appropriate application in the pending suit to appoint an Advocate Commissioner to survey the property with the help of a Surveyor. If any such application is filed, the same shall be considered on its own merits and in accordance with law and orders shall be passed. Except giving this clarity, no further orders can be passed in this writ petition.

This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 27.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 3/5

1. District Collector, Office Of District Collector, Dharmapuri.

2.Revenue Divisional Officer, Office Of District Collectorate, Dharmapuri.

3.The Tahsildar, Pennagaram Taluk, Dharmapuri District N.ANAND VENKATESH, J 4/5

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