E.Amutha v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI E.Amutha ... Petitioner /Vs./

1) The Tahsildar Thiruvengadam Taluk Tenkasi District

2) The Taluk Surveyor Thiruvengadam Taluk Tenkasi District

3) The Sub Inspector of Police Thiruvengadam Police Station, (R1 to R3 amended as per the order of this Court dated 06.02.2025 vide WMP(MD)No.2323 of 2025) ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the petitioners land measuring 16 cents comprised in 1/5

Survey No.316/1, Sangupatti Village, Tiruvengadam Taluk, Tenkasi District, with the aid of the 3rd respondent within the time frame fixed by this Court.

For Petitioner : Ms.Banumathy For Respondents : Mr.C.Satheesh Government Advocate for R1 & 2 : Mr.Vaikkam Karunanithi Government Advocate (Crl.side) for R3

ORDER

The Writ Petition has been filed seeking limited relief of Writof Mandamus, to direct the respondents 1 and 2, to survey and demarcate the petitioner's land comprised in Survey No.316/1, measuring to an extent of 16 cents, situated at Sangupatti Village, Tiruvengadam Taluk,

2. The learned Government Advocate, Mr.C.Satheesh, on instructions, submits that there is a patta held jointly in respect of some of the subject land and therefore, the petitioner may be directed to approach Competent civil Court.

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3. However, it is seen that there was a civil dispute in O.S.No.157 of 2016 on the file of the Principal District Munsif, Sankarankovil, which ended in favour of the petitioner. The petitioner has sought for individual patta, which is not granted, because the survey and subsequent subdivision have not been carried out in the property.

4. I do not see any impediment for the respondents to carry out a survey, on the representation of the petitioner, since the respondents have to conduct a survey on the petitioner's application dated 10.09.2024, especially, in the light of the registered sale deed, in favour of the petitioner, which is the property conveyed in favour of the petitioner with identifiable and definite boundaries. However, it is needless to say that the patta is held jointly and the respondents shall therefore give an opportunity to the other co-pattadhars before passing any final orders. The said exercise shall be completed within a period of twelve (12) weeks date of receipt of copy of this order. If the respondents 1 and 2 require any protection from the police officials, they shall approach the police officials and seek for necessary assistance at the time of survey, which shall be provided by the third respondent. 3/5

5. With the above direction, the Writ Petition is disposed of. No costs.

Index : Yes / No 06.02.2025 NCC : Yes / No LS TO:-

1) The Tahsildar Thiruvengadam Taluk Tenkasi District

2) The Taluk Surveyor Thiruvengadam Taluk Tenkasi District

3) The Sub Inspector of Police Thiruvengadam Police Station, 4/5

P.B. BALAJI , J.

LS Order made in Dated:

06.02.2025 5/5