J.Geetha v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.29624 of 2024 J. Geetha

...Petitioner

Vs.

1. The Tahsildar Mettur Taluk Mettur, Salem District.

2.The Taluk Surveyor, Taluk Office, Mettur Taluk, Mettur, Salem District

3. N.C.Perumal ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider his objections dated 14.08.2023 given to the respondents 1 and 2 and pass orders before proceeding with survey and sub division of the lands in S.No.198/2, patta 1501, Periyasoragai Village, Mettur Taluk, Salem District. For Petitioner : Ms.M.Kruthika for Mr.U.Azarudhin For Respondents : Mr.A.Selvendran for R1 & R2 Special Government Pleader Mr.P.Mani for R3

O R D E R

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The petitioner herein seeks a direction to respondents 1 and 2 to consider her objection dated 14.08.2023 submitted before the respondents 1 and 2 before surveying the land situated in Survey No.198/2 in Patta No.1501, at Periyasoragai Village, Mettur Taluk, Salem District.

2. It is the case of the petitioner that she purchased 1 acre of land in Survey No.198/2 at Periyasoragai Village, Mettur Taluk, Salem District under registered sale deed dated 26.04.2010. The patta for the said property was issued jointly in the name of petitioner and 3 others in Patta No.1501. It is further submitted by the petitioner that 3rd respondent filed an application before the respondent 1 and 2 seeking survey of the land in the very same number. The petitioner submitted certain objections to respondents 1 and 2 regarding the survey of the land and the same has not been considered. Hence the petitioner is before this Court.

3. The learned Special Government Pleader, who is taking notice for the respondents 1 and 2, submits that request made by the 3rd respondent for issue of patta was already rejected by the 1st respondent and the objection of the petitioner has been considered.

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4. If the objection of the petitioner has already been considered, it is for the official respondents to communicate the same to the petitioner. Therefore, without going into the merits of the claim made by the petitioner as well as learned Special Government Pleader for official respondents, this Court is inclined to issue a direction to 1st respondent to consider the objection of the petitioner dated 14.08.2023 and pass final orders on its' own merits after issuing necessary notice to the petitioner and the 3rd respondent within a period of eight weeks from the date of receipt of copy of this order. 5.With the above directions, this writ petition is disposed of. No costs. 04.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr S.SOUNTHAR , J.

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To

1. The Tahsildar Mettur Taluk Mettur, Salem District.

2.The Taluk Surveyor, Taluk Office, Mettur Taluk, Mettur, Salem District W.P No.29624 of 2024 04.10.2024 4/4