Ezhilarasi v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Ezhilarasi

...Petitioner

Vs.

1.The Revenue Divisional Officer Dharmapuri.

2.The Tahsildar Palacode Taluk Dharmapuri District.

3.The Head Surveyor Palacode Taluk Dharmapuri District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the 2nd and 3rd respondents to survey and measure the field boundaries and subsequently transfer patta in favour of the petitioner after sub division of a property comprised in Survey Nos.344/2B and 344/2C totally measuring an extent of 0.67 hectares 1/5

situated at Selliyampatti Village, Palacode Taluk, Dharmapuri District in pursuance of online application dated 24.02.2023. For Petitioner :

Mr.M.Subash For Respondent :

Mr.M.R.Gokul Krishnan Addl Govt Pleader [R1 to R3]

O R D E R

The above Writ Petition has been filed seeking a mandamus to the 2nd and 3rd respondents to consider the petitioner's online application dated 24.02.2023.

2. The case of the petitioner is that she purchased the properties in S.No.344/2B and S.No.344/2C totally measuring an extent of 0.67.00 hectares in Selliyampatti Village, Palacode Taluk, Dharmapuri District on 24.02.2023 from her mother Perumaye. Despite making an application on 24.02.2023 through on-line, to survey and measure the property of the petitioner and to transfer the patta in her name, the respondent has not proceeded to survey the land in question. 2/5

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

4. Considering the facts and circumstances of the case, a mandamus is issued to the 2nd and 3rd respondents to conduct a survey of the petition mentioned property and to issue patta in the name of the petitioner. The petitioner shall submit all the relevant records to show her title to the property and the respondents 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 aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No 3/5

costs.

17.12.2024 Index : Yes/No Internet : Yes/No srn To 1.The Revenue Divisional Officer Dharmapuri.

2.The Tahsildar Palacode Taluk Dharmapuri District.

3.The Head Surveyor Palacode Taluk Dharmapuri District.

4/5

P.T. ASHA, J, srn W.P.No. 37710 of 2024 17.12.2024 5/5