V.Saravanan v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR V.Saravanan ...

Petitioner versus 1.The Tahsildhar, Mettur Taluk, Salem District - 636 404.

2.The Surveyor, Mecheri, Mettur Taluk, Salem District - 636 401.

3.The Firka Surveyor, Alamaranthur, Aranganur, Mecheri, MetturTaluk, Salem - 636 453.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 04.03.2024 and consequently direct the 1st respondent to appoint the respondent Nos.2 and 3 to survey and demarcate the petitioner's land in S.Nos.242/3A and 243/2A in Mecheri, Mettur Taluk and provide separate patta in his name. 1/6

For Petitioner :

Mr.E.C.Ramesh For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the first respondent to appoint the respondent Nos.2 and 3 to survey and demarcate the petitioner's land viz., Survey Nos.242/3A and 243/2A in Mecheri, Mettur Taluk and provide separate patta in his name, by considering his representation dated 04.03.2024.

3.

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

4.

The case of the petitioner is that the property in S.No.242/3 is the ancestral property of the petitioner's mother and on 26.04.2004, his mother and family members had executed a registered partition deed. 2/6

Subsequent to the partition, S.No.242/3 was sub-divided into Survey Nos.242/3A and 243/2A and joint patta was also provided. The subject property was acquired by way of registered settlement deed dated 24.05.2023 and hence, the petitioner has to get separate patta in his favour. It is the grievance of the petitioner that the petitioner has given a representation on 04.03.2024 to survey the said property and demarcate its boundaries and provide separate patta. However, the same has not been considered by the first respondent. Hence, the present Writ Petition. 5.

Considering the limited relief sought for in this Writ Petition, the first respondent is directed to consider the representation of the petitioner dated 04.03.2024 and pass appropriate orders, on the petitioner's representation for survey of the property and demarcate its boundaries, 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.

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18.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6

To 1.The Tahsildhar, Mettur Taluk, Salem District - 636 404.

2.The Surveyor, Mecheri, Mettur Taluk, Salem District - 636 401.

3.The Firka Surveyor, Alamaranthur, Aranganur, Mecheri, MetturTaluk, Salem - 636 453.

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N.SATHISH KUMAR , J.

sri 18.04.2024 6/6