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Madras High CourtWP/39428/2024allowed

Kalaranjani v. The Tahsildhar

2025-01-03Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39428 of 2024 Kalaranjani

...Petitioner

Vs.

1.The Tahsildhar Thalaivasal Taluk, Salem.

2.The Surveyor, O/o.The Tahsildhar, Thalaivasa Taluk, Salem.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to conduct the field measurement to grant patta in favour of the petitioner as per the application No. 2024/ 0123 / 08 / 004716 dated 12.09.2024 and by considering the representation of the petitioner dated 05.11.2024.

For Petitioner :

Mr. D.Balachandran 1/5

For Respondents :

Mr. M.R.Gokul Krishnan Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondents to conduct the field measurement to grant patta in favour of the petitioner as per the application No. 2024/ 0123 / 08 / 004716 dated 12.09.2024 and by considering the representation of the petitioner dated 05.11.2024".

2. It is the case of the petitioner that she had purchased the subject property from one P.Arumugam and A.Selvi, vide Doc.No.7287 of 2023 dated 23.11.2023. On 05.11.2024, the petitioner made a representation to the respondents to conduct a field measurement of subject property and to grant separate patta. It is the grievance of the petitioner that to date her representation has not been considered. Therefore, the Writ Petition.

3. Heard the learned counsels on the either side and perused the 2/5

records.

4. Considering the facts and circumstances of the case, the 1st respondent is directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show her title to the property and the 1st respondent shall, after issuing notice to the adjacent 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. The said exercise shall be completed within a period of 6 weeks, from the date of receipt of a copy of this order.

5. The Writ Petition is allowed. No costs.

03.01.2025 Index : Yes/No Internet : Yes/No kan To 3/5

1.The Tahsildhar Thalaivasal Taluk, Salem.

2.The Surveyor, O/o.The Tahsildhar, Thalaivasa Taluk, Salem.

P.T. ASHA, J, 4/5

kan W.P.No. 39428 of 2024 03.01.2025 5/5