← Library
Madras High CourtWP/37719/2024disposed of

G.Selvi v. The Tahsildar

2024-12-19Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.40774 of 2024 G.Selvi ... Petitioner Vs.

1.The Tahsildar Natrampalli, Tirupattur District 2.The Taluk Surveyor Mallgunda, Office Of The Tahsildar, Natrampalli, Tirupattur District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the proceedings in File No.2024/0105/36/364155 dated 27.11.2024 on the file of the first respondent herein, and to quash the same and directing the respondents to measure, for effecting sub division and issue separate patta in the name of the petitioner pertaining to her agricultural land to an extent of 45 1/2 cents corresponding to 0.18.42 Hectares out of 1.25.35 Hectares in S.No.194/2B situated in Mallagunda 1/5

village Natarampalli Sub District and Taluk in Tirupattur disrict within a time frame.

For Petitioner : M/s.Elizabeth Ravi For Respondents : M/s.A.Selvendran, Spl.GP.

for R.1 & 2.

O R D E R

The Writ Petition is filed for the following reliefs:- "calling for the records relating to the proceedings in File No.2024/0105/36/364155 dated 27.11.2024 on the file of the first respondent herein, and to quash the same and directing the respondents to measure, for effecting sub division and issue separate patta in the name of the petitioner pertaining to her agricultural land to an extent of 45 1/2 cents corresponding to 0.18.42 Hectares out of 1.25.35 Hectares in S.No.194/2B situated in Mallagunda village Natarampalli Sub District and Taluk in Tirupattur district within a time frame."

2. The main grievance of the petitioner is that despite the 1st respondent having visited the subject property, he did not proceed to survey it on the grounds that there were crops on the land. 2/5

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

4. A perusal of the records would clearly show that the respondents have already attempted to survey the lands. However, the same had to be aborted only on the ground that there were crops being cultivated in the land in question. This cannot be an impediment for conducting the survey and that apart after the harvest the survey can be undertaken.

5. Therefore, considering the facts and circumstances of the case and also considering the fact that the respondents have already attempted to survey the land, the Writ Petition is disposed of with a direction to the 1st respondent to conduct a survey within a period of 3 weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

19.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Tahsildar Natrampalli, Tirupattur District 2.The Taluk Surveyor Mallgunda, Office Of The Tahsildar, Natrampalli, Tirupattur District 3/5

P.T. ASHA . J., (shr) and W.M.P.No.40774 of 2024 4/5

19.12.2024 5/5