Parameswari.R v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.1976 of 2021 R.Parameswari .. Petitioner

Versus

1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

3.The Taluk Surveyor, Kariyapatti Taluk, Virudhunagar District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to measure the petitioner's property and demarcate of the survey boundaries according to the petitioner's sale deed, bearing Document No.2212, dated 22.04.1996, situated at S.No.77/4, sub-divided into Plot Nos.15 and 16, measuring about 10.03 cents at Alagiyanallur Village, Kariyapatti Panchayat, Aruppukottai Taluk, Virudhunagar District, on the basis of the petitioner's representation, dated 05.12.2020 and consider her representation within a time frame to be fixed by this Court.

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For Petitioner :

Mr.G.Mariappan For Respondents :

Mr.D.Gandhiraj Special Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to measure the petitioner's property and demarcate of the survey boundaries according to her sale deed, bearing Document No.2212, dated 22.04.1996, situated at S.No.77/4, sub-divided into Plot Nos.15 and 16, measuring about 10.03 cents at Alagiyanallur Village, Kariyapatti Panchayat, Aruppukottai Taluk, Virudhunagar District, on the basis of her representation, dated 05.12.2020 and consider her representation within a time frame to be fixed by this Court.

2.According to the petitioner, she purchased the property in S.No.77/4, which was sub-divided into Plot Nos.15 and 16, measuring an extent of 10.03 Cents, situated at Alagiyanallur Village, Kariyapatti Panchayat, Aruppukottai Taluk, Virudhunagar District, from one Subba Reddy, through a registered sale deed, bearing Document No.2212, dated 22.04.1996, on the file of the Joint Sub-Registrar - II, Virudhunagar. From the date of the said purchase, she is in possession and enjoyment of the property. She made a representation dated 05.12.2020, to the respondents seeking to survey her property and to issue Patta along with necessary fees for the same. However, no action has been 2/5

taken so far. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra. 3.Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioner's property has already been measured on 09.03.2021 and there is a shortage of measurement and therefore, her claim, seeking issuance of Patta for the property in question cannot be considered and the petitioner has to approach the appropriate authority by way of filing a deed of rectification, regarding S.Nos.77/4B1A1 and 78/20A1A1 and thereafter, the Patta in respect of the property, measuring an extent of 10.03 Cents, can be issued to her.

4.Recording the above said submission made by the learned Special Government Pleader appearing for the respondents, this Writ Petition is disposed of. No costs.

Index : Yes/No 17.10.2022 smn2 3/5

To 1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

3.The Taluk Surveyor, Kariyapatti Taluk, Virudhunagar District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.1976 of 2021 17.10.2022 5/5