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Madras High CourtWP/17915/2025disposed of

Rani v. The District Collector

2025-06-05Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Rani ... Petitioner Vs.

1.The District Collector, Office of Collectorate, Dharmapuri District.

2.The Tahsildar, Dharmapuri Taluk, Dharmapuri.

3.The District Surveyor, Dharmapuri Taluk, Dharmapuri District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 2nd and 3rd respondents to measure the petitioner's property in S.No.135/1B an extent of 0.06 Ares 135/2A an extent of 0.43.5 Ares and 166/2C an extent of 0.50 in Kukkalamalai Village, Thippereddihalli Post, Dharmapuri Taluk, Dharmapuri District and mark the boundaries thereof based on the petitioner's application dated 13.02.2024 to issues patta in the name of petitioner.

For Petitioner : Mr. A.Mukesh For Respondents : Mr. P.Ganesan, Government Advocate

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. The present writ petition is filed praying for issuance of Writ of Mandamus directing the 2nd and 3rd respondents to measure the petitioner's property in S.No.135/1B an extent of 0.06 Ares 135/2A an extent of 0.43.5 Ares and 166/2C an extent of 0.50 in Kukkalamalai Village, Thippereddihalli Post, Dharmapuri Taluk, Dharmapuri District and mark the boundaries thereof based on the petitioner's application dated 13.02.2024 to issue patta in the name of petitioner.

3. It is submitted by the petitioner that her mother namely Seerammal, was the owner of the land in S.Nos.135/1B, 135/2A and 166/2C in Kukkalamalai Village, Thippereddihalli Post, Dharmapuri

Taluk, Dharmapuri District. The above property was settled in petitioner's favour vide settlement deed in document No.4110 of 2012. The properties comprised in S.Nos.135/1B, 135/2A and 166/2C are respectively measuring to an extent of 0.06 ares, 0.43.5 ares and 0.50 ares. With a view to administer the properties, the petitioner had taken out an application for survey of the lands and also to have the patta transferred in her name vide application dated 13.12.2024 and a representation dated 25.4.2024. Since the petitioner's representation was not considered by the respondents till date, the present writ petition has been filed before this Court.

4. At the outset, learned Govt. Advocate appearing for the respondents would submit that though the prayer is with reference to survey Nos.135/1B and 135/2A and 166/2C, the online application for survey is only taken out only in respect of S.No.166/2C. He would further submit that the survey would be conducted in respect of S.No.166/2C and the application dated 13.02.2024 to transfer the patta would also be considered and appropriate orders would be passed within a

time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the respondents to consider petitioner's representation dated 13.02.2024 and carry out a survey, demarcate the property at S.No.166/2C based on the title document and to transfer the patta and complete the process within a period of eight weeks from the date of receipt of a copy of this order after giving prior notice the petitioner, petitioner's adjacent land owners and any other interested parties including rival claimants, if any, and after affording them a reasonable opportunity of hearing. It is open to the petitioners to take out the application in respect of the remaining survey numbers.

6. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned

respondent to consider the matter on its own merits and in accordance with law.

7. With the above direction, this writ petition stands disposed of. No costs.

05.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order msr To 1.The District Collector, Office of Collectorate, Dharmapuri District.

2.The Tahsildar, Dharmapuri Taluk, Dharmapuri.

3.The District Surveyor, Dharmapuri Taluk, Dharmapuri District.

MOHAMMED SHAFFIQ, J.

msr 05.06.2025