Karichi @ Nagammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Tmt.Karichi @ Nagammal ... Petitioner Vs.

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

2. The District Revenue Officer, District Collector Office, Dharmapuri District.

3. The Revenue Divisional Officer, Dharmapuri.

4. The Tahsildar, Palacode Taluk Office, Dharmapuri District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 2 to 4 to consider and to pass order upon the representation dated 22.07.2024 and to

measure the land in S.No.168/1, situated at Kanavenahalli Village, Palacode Taluk and to issue fresh patta for 3.35 cents as per the sale deed dated 09.02.1994 to the petitioner.

For Petitioner :

Mr.S.Natarajan For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 2 to 4 to measure the land comprised in S.No.168/1, situated at Kanavenahalli Village, Palacode Taluk and to issue fresh patta measuring to an extent of 3.35 cents as per the sale deed dated 09.02.1994 by considering the representation made by the petitioner on 22.07.2024.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that she has purchased the land measuring to an extent of 3.35 cents, out of 22.95 acres, comprised in

Survey No.168/1, situated at Kanavenahalli Village, from one Asbun Begam & five others, through registered sale deed dated 09.02.1994. The petitioner claim that she is in continuous possession and enjoyment for more than 15 years. In the year 2023, when the petitioner verified with the revenue records, she has been informed that patta was granted in her name only in respect of 3.13 1⁄2 cents, instead of 3.35 cents in Survey No.168/1A2 and Patta No.574. Therefore, the petitioner made a representation to the second respondent on 22.07.2024 requesting for survey and issuance of fresh patta. Since the same has not been considered, the present writ petition has been filed.

4. Learned Additional Government Pleader for the respondents would submit that the petitioner has not taken out online application for conducting survey. If the petitioner takes out an appropriate online application and pays the necessary fee, the survey would be carried out within a time frame that may be stipulated by this Court.

5. In response, learned counsel for petitioner would agree to pay the necessary charges in respect of Survey No.168/1, situated at Kanavenahalli Village to an extent of 3.35 cents.

6. Taking into consideration the facts and circumstances of the case and considering the grievance of the petitioner,, there shall be a direction to petitioner to submit an application to respondents and pay necessary fee in respect of Survey No.168/1, situated at Kanavenahalli Village to an extent of 3.35 cents within a period of four weeks from the date of receipt of a copy of this order. On receipt of such payment, respondents shall conduct survey, measure the land and issue fresh patta and complete the process within a period of four weeks from the date of receipt of copy of such payment after affording reasonable opportunity of hearing to the petitioner, adjacent land owners and other interested parties including rival claimants if any and also putting all the interested parties on notice. 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. Accordingly, the Writ Petition stands disposed of. No costs. 12.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

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

2. The District Revenue Officer, District Collector Office, Dharmapuri District.

3. The Revenue Divisional Officer, Dharmapuri.

4. The Tahsildar, Palacode Taluk Office, Dharmapuri District.

MOHAMMED SHAFFIQ, J.

vji 12.06.2025