T.Selvarasu v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI T.Selvarasu . . . Petitioner Vs.

The Tahsildar Sankari Taluk, Sankari, Salem District . . . Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ in the nature of a Writ of Mandamus directing the respondent to conduct survey measurement to fix four boundaries to petitioner land measuring an extent of 49 cents bearing S.F.Nos.89/3A and 92/5A, Thippakuttai Village, Sankari Taluk, Salem District and consequently grant an individual Patta in the petitioner's name based on the petitioner's Application No.2022/0105/08/275293 dated 02.03.2022. 1/6

For Petitioner : M/s.A.Saravanan For Respondents : Mr.U.Baranidharan, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the respondent to survey the petitioners land to an extent of about 49 cents bearing S.F.Nos.89/3A and 92/5A, Thippakuttai Village, Sankari Taluk, Salem District and fix the boundary stones and further grant individual patta in the petitioner's name based on the petitioner's representation dated 02.03.2022.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice to the respondent.

3. It is the case of the petitioner that originally the subject property belongs to the father of the petitioner vide the partition deed registered as Doc.No.3256 of 2008, for which, joint patta was issued in favour of him and his wife. Thereafter, the petitioner's father had executed a settlement 2/6

deed dated 21.10.2021 in favour of the petitioner in respect of the above said property, however, the revenue records were not mutated in favour of the petitioner. While being so, the petitioner made a representation dated 02.03.2022 to the respondents, requesting to survey the property and issue individual patta in his favour. However, till date, no action has been taken on the said representation. Hence, the present petition has been filed.

4. On the above contentions, this Court, heard the learned Additional Government Pleader appearing for the respondent.

5. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the Respondent/Tahsildar to survey the subject property based on the petitioner's representation dated 15.03.2022 and based on which, pass appropriate orders with regard to grant of patta, after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved parties if any, and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

25.11.2022 NHS Index : Yes / No Internet : Yes / No To The Tahsildar Sankari Taluk, Sankari, Salem District 4/6

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M.DHANDAPANI, J.

NHS 25.11.2022 6/6