C.Ponnudurai v. The District Collector

W.P.(MD)No.2651 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.2651 of 2020 C.Ponndurai ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, V.K.Pudu Taluk, Tirunelveli District.

3.The Taluk Surveyor, Keelakalankal, Tirunelveli District.

4.The Inspector of Police, Uthumalai Police Station, Tirunelveli District.

5.Peumal Durai 5.Saraswathi 6.Thangarasu 7.Azhakulakshmi 8.Subbramaniyan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to permit the petitioner to pay the cost for survey the land in S.No.394/1B situated in Uthumalai Village, Tirunelveli District and to direct the third respondent to survey the lands after the payment of the requisite fees, on the basis of the petitioner's representation, dated 15.11.2019. For Petitioner : Mr.M.Sankar For R1 to R4 : Mr.C.Ramar Additional Government Pleader

O R D E R

This Writ Petition is filed for a direction to the second respondent to permit the petitioner to pay the cost for survey the land in S.No.394/1B situated in Uthumalai Village, Tirunelveli District and to direct the third respondent to survey the lands after the payment of the requisite fees, on the basis of the petitioner's representation, dated 15.11.2019. The survey number in the petition must be wrong, as the petitioner in the affidavit claims right only in S.No.308/9.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2651 of 2020 2.The petitioner claimed to have purchased an extent of 10 cents of land, which is shown as the 5th plot from West out of a total extent of 1 Acre 3 cents in S.No.308/9. No partition is referred to in the sale deed. Petitioner's name is included in joint patta along with 15 other names. When the petitioner seeks separate patta for a specific property, other persons in the joint patta should be heard. Despite this Court pointing out that the petitioner has to implead all the joint pattathars, who are also holding property in S.No.308/9, the learned Counsel for the petitioner is not inclined or prepared to implead those pattathars, who are holding some land in the same survey number. 3.It is submitted that the petitioner has purchased only an extent of 10 cents.

No partition is recorded in the sale deed obtained by the petitioner. In such circumstances, this Court is not inclined to entertain this Writ Petition, as necessary and proper parties are not impleaded in the present Writ Petition. Accordingly, this Writ Petition is dismissed. However, liberty is given to the petitioner to file fresh Writ Petition for the same cause of action after impleading necessary and proper parties. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS ) cmr To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, V.K.Pudu Taluk, Tirunelveli District.

3.The Taluk Surveyor, Keelakalankal, Tirunelveli District.

4.The Inspector of Police, Uthumalai Police Station, Tirunelveli District. +1 CC to SPL.GP ( SR-5834[F] dated 12/02/2020 ) W.P.(MD)No.2651 of 2020 11.02.2020 MK (20.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2