Kavitha v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24842 of 2024 Kavitha

...Petitioner

Vs.

1.The Tahsildar Pethanaickenpalayam Taluk Office Pethanaickenpalayam Taluk Salem District.

2.The Inspector of Police Karumandurai Police Station Salem District.

3.Sivakumar 4.Varatharajan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to survey the properties which is situated in S.No.214 to the extent of 0.400 acres in Chinnakalrayanpalayam, Therkunadu, Yerivalavu, Pethanaickenpalayam, Attur 1/5

Taluk, Salem District, based on the representation of the petitioner dated 18.10.2023 with aid of the second respondent police within stipulated time may be fixed by this Court.

For Petitioner : Mr.M.Senthilkumar For Respondents : Mr.A.Selvendran for R1 Special Government Pleader Mr.S.Sugendran for R2 Additional Public Prosecutor

O R D E R

The petitioner herein seeks a direction to the first respondent to survey her property situated in S.No.214 with an extent of 0.400 acres at Chinnakalrayanpalayam Therkunadu, Yerivalavu, Pethanaickenpalayam, Attur Taluk, Salem District, by considering her representation dated 18.10.2023.

2. According to the petitioner, she purchased the above mentioned property vide sale deed dated 13.12.2023 and she submitted an application on 09.01.2015 seeking transfer of patta and the same has not been considered till date. It is further stated by the petitioner that the neighbours of the petitioner's property are resisting the survey of the land. 2/5

3. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the first respondent would submit that if the petitioner submitted a fresh online application for transfer of patta by paying necessary charges the same will be considered in accordance with law, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, he is directed to submit a fresh online application by paying necessary charges seeking survey of the land and transfer of patta, within a period of two weeks from the date of receipt of a copy of this order. If any such online application is filed by the petitioner, the same shall be consider by the first respondent and final orders should be passed on its own merits, within a period of 8 weeks from the date receipt of such application, after issuing necessary notice to the interested parties. 3/5

5. With the above direction, this Writ Petition is disposed of. No costs.

30.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The Tahsildar Pethanaickenpalayam Taluk Office Pethanaickenpalayam Taluk Salem District.

2.The Inspector of Police Karumandurai Police Station Salem District.

4/5

S.SOUNTHAR , J.

dna W.P No.24842 of 2024 30.08.2024 5/5