Tmt.C.Amudha, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP.No.15888 of 2018 C.Amudha ..Petitioner Vs.

1. The Tahsildar Ambattur Taluk Office Thiruvallur District Chennnai 600 076.

2. The Village Administrative Officer Korattur Village Ambattur Taluk Chennai 600 076.

3. The Surveyor Taluk Office Ambattur Chennai 600 076.

4. The District Collector Thiruvallur District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent herein to issue Patta Pass Book to the Petitioner, G.Amudha, for her land situated in S.No.484/1 and 2 in Korattur Village.

For Petitioner : Mr.P.Chandrasekaran For Respondents : Mr.M.Karthikeyan Additional Government Pleader

O R D E R

Heard Mr. P. Chandrasekaran, Learned Counsel for the Petitioner and Mr. M. Karthikeyan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for a direction to the First Respondent to issue Patta Pass Book to the Petitioner for her land situated in S. No. 484/1 and 2 in Korattur Village. 3.

Before the filing of the Writ Petition, the Petitioner made a representation dated 12.03.2018 to the Fourth Respondent for issue of patta for the aforesaid property. In pursuance of the order dated 03.07.2019 passed by this Court to file a report on the action taken on the representation for issuance of patta, the First Respondent has filed a report dated 30.07.2019 stating that the Korattur Firka Sub-Inspector of Survey had visited the property of the Petitioner on 24.07.2019 in the presence of the husband of the Petitioner, viz., Thiru. P. Chandrasekaran, and during that inspection, it had been noticed that the Petitioner had not demarcated the western boundary for that property and there was a dispute between the Petitioner and the adjacent land owner regarding that boundary.

Further, it had been noticed from the title deeds of the property produced by the Petitioner that no measurements had been mentioned for the boundaries. In the aforesaid circumstances, it is contended by the Respondents that it would not be possible to grant patta to the property of the Petitioner without any demarcation of the boundaries for that property.

4.

In view of the aforesaid contentions made on behalf of the Respondents, which deserves acceptance, it would not be possible to grant the relief as sought by the Petitioner in the Writ Petition. However, it is open to the Petitioner to get the boundaries of the property demarcated with her neighbour, and if necessary, institute a suit before the jurisdictional Civil Court for the said purpose against the persons objecting for the same for adjudication in that regard and depending upon its outcome, the Petitioner could take necessary further action. 5.

In this backdrop, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to work out her remedy for obtaining patta for the property in the manner recognized by law.

6.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar dna

To

1. The Tahsildar Ambattur Taluk Office Thiruvallur District Chennnai 600 076.

2. The Village Administrative Officer Korattur Village Ambattur Taluk Chennai 600 076.

3. The Surveyor Taluk Office Ambattur Chennai 600 076.

4. The District Collector Thiruvallur District.

+1cc to Mr.P.Chandrasekaran, Advocate, S.R.No.65700 +1cc to Government Pleader, in sr.no.66316 WP.No.15888 of 2018 RSV(CO) CS/13/09/2019