Jothi Prakash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.07.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Jothi Prakash
...Petitioner
Versus
1.The District Collector, The District Collector Office, Tiruppur District.
2.The Tahsildar, The Tahsildar Office, Udumalpet, Tiruppur District.
3.The Taluk Surveyor, The Tahsildar Office, Udumalpet, Tiruppur District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to survey the petitioner's property for earmarking the four boundaries and consequently, directing them to make Patta transfer as per the Petitioner's application No.TNIGRS/2025/Rural/37619321/03012025164419 dated 03.01.2025 in respect of the properties in S.No.541/5 (Old S.No.397/3) situated at Kongalnagaram Village, Udumalpet Taluk, Tiruppur District on 1/7
the basis of Settlement Deed in Document No.3059 of 2021, registered before the Sub-Registrar Komangalam along with Rectification Deed in Document No.18/2025 dated 03.01.2025 by considering the petitioner's representation dated 02.04.2025, within the time stipulated by this Court. For Petitioner :
Ms.J.Madhumitha For Respondents :
Mr.A.Selvendran, Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to survey the petitioner's property for earmarking the four boundaries and direct them to make Patta transfer as per the Petitioner's Application No.TNIGRS / 2025 / Rural / 37619321 / 03012025164419 dated 03.01.2025 in respect of the properties in S.No.541/5 (Old S.No.397/3) situated at Kongalnagaram Village, Udumalpet Taluk, Tiruppur District on the basis of Settlement Deed in Document No.3059 of 2021, registered before the Sub-Registrar Komangalam along with Rectification Deed in Document No.18/2025 dated 03.01.2025 by considering the petitioner's representation dated 02.04.2025. 2/7
3. Ms.J.Madhumitha, learned counsel for the petitioner submitted that the properties comprised in S.No.541/5 (Old S.No.397/3) measuring an extent of 7.68 Cents comprised in Patta Nos.31/1418, 29/1417, 30/1418 situated at Kongalnagaram Village, Udumalpet Taluk, Tiruppur District were jointly owned by the petitioner's mother, sister and wife. The petitioner's mother, sister and wife jointly settled the said properties in favour of the petitioner by way of Registered Settlement Deed Document No.3059 of 2021 dated 13.09.2021 along with Rectification Deed Document No.18 of 2025 dated 03.01.2025 before the Sub Registrar, Komangalam. Thereafter, the petitioner has been in possession and enjoyment of the said properties.
3.1. It is further submitted by the learned counsel for the petitioner that the petitioner submitted an Application on 03.01.2025, for changing the name in the Patta in respect of the subject properties, but, the same is still pending.
3.2. The learned counsel for the petitioner also submitted that the petitioner made a Representation dated 02.04.2025 to the respondents 1 & 3/7
2, requesting them to survey the subject properties for earmarking the boundaries and to mutate the Patta in his name based on the Registered Settlement Deed Document No.3059 of 2021 dated 13.09.2021 along with Rectification Deed Document No.18 of 2025 dated 03.01.2025 on the file of the Sub Registrar Office, Komangalam. However, the respondents 1 & 2 have not yet considered the petitioner's representation. Hence, the petitioner has filed this writ petition.
4. Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents submitted that the respondents would consider the petitioner's Representation dated 02.04.2025 and they would survey and earmark the four boundaries in the subject properties and mutate the Patta for the subject properties in the name of petitioner, within a time frame to be fixed by this Court.
5. The above submission made by the learned Special Government Pleader for the respondents has been fairly conceded by the learned counsel for the petitioner.
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6. In view thereof, the writ petition stands disposed of with the direction to the respondents to consider the petitioner's Representation dated 02.04.2025 and carry out a survey and earmark the four boundaries in the subject properties and mutate the Patta for the subject properties in the name of petitioner, within a period of 8 weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order, after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. 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 respondents to consider the matter on its own merits and in accordance with law. No costs. 02.07.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 5/7
To 1.The District Collector, The District Collector Office, Tiruppur District.
2.The Tahsildar, The Tahsildar Office, Udumalpet, Tiruppur District.
3.The Taluk Surveyor, The Tahsildar Office, Udumalpet, Tiruppur District.
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MOHAMMED SHAFFIQ, J.
mrr 02.07.2025 7/7