M.Natesan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & W.M.P.No. 37402 of 2024 1.M.Natesan 2.M.Muthammal, 3.Ponnamal 4.Dhandapani

...Petitioners

Vs.

1.The District Collector, Villupuram, Villupuram District.

2.The Revenue Divisional Officer, Villupuram District, 3.The Thasildar, Tindivanam Taluk, Tindivanam.

4.The Surveyor, Tindivanam Taluk, Tindivanam.

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 3rd and 4th respondents to survey the land in S.No.213 /5, Mosalur Village, Tindivanam Taluk and issue separate patta in the name of the petitioners considering the petitioners representation dated 06/11/2023.

For Petitioners :

Mr. V.Regunathan For Respondents :

Mr. G.Velu Additional Government Pleader.

O R D E R

The above Writ Petition has been filed seeking mandamus to the 3rd and 4th respondents to survey the land in S.No.213 /5, Mosalur Village, Tindivanam Taluk and issue separate patta in the name of the petitioners.

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2. It is the case of the petitioners that they had purchased punja lands from one Seshakalyani, vide sale deeds dated 07.07.1995. The total extent of lands measures 4 acres 10 cents, each being entitled to 1 acre 2.5 cents. The petitioners executed power of attorney in respect of 3.80 acres, in favour of one Balayiyan in order to develop the lands into residential plots. The petitioners retained 7.5 cents for each of them for the purpose of agricultural activities. The petitioners would submit that they have applied for issuance of individual patta and have also paid necessary charges for conducting survey. However, no steps have been taken to date. Therefore, the petitioners are before this Court.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, the 3rd respondent is directed to conduct survey of the subject property. The petitioners shall submit all the relevant records to show their title to the property and the 3rd respondent shall, after issuing notice to the adjacent 3/6

land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed.

5. The Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

25.11.2024 Index : Yes/No Internet : Yes/No kan To 4/6

1.The District Collector, Villupuram, Villupuram District.

2.The Revenue Divisional Officer, Villupuram District, 3.The Thasildar, Tindivanam Taluk, Tindivanam.

4.The Surveyor, Tindivanam Taluk, Tindivanam.

P.T. ASHA, J, 5/6

kan W.P.No. 34501 of 2024 25.11.2024 6/6