Madras High CourtWP(MD)/2943/2024disposed of

Radhalakshmi .A v. The Tahsildar

2024-02-12Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 12.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2943 of 2024 A.Radhalakshmi

...Petitioner

/Vs./ 1.The Tahsildar, Aundipatti Taluk, Theni District.

2.The Taluk Surveyor, Aundipatti Taluk, Theni District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to survey, demarcate and to issue a separate patta to the petitioner in respect of the petitioner's property comprised in Survey No.102/4 to an extent of 6 1⁄2 cents situated at Kathirnarasingapuram, Aundipatti Taluk, Theni District, by considering the petitioner's representation dated 29.12.2023, within the time stipulated by this Court.

For Petitioner : Mr.M.Pounraj For Respondents : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents to survey, demarcate and to issue a separate patta to the petitioner in respect of the petitioner's property comprised in Survey No. 102/4 to an extent of 6 1⁄2 cents situated at Kathirnarasingapuram, Aundipatti Taluk, Theni District, by considering the petitioner's representation dated 29.12.2023, within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, the subject property was purchased by the petitioner and her husband and a release deed was also executed by the husband of the petitioner in her favour and hence, the petitioner made an application for survey of the subject property. The petitioner has also paid necessary fee for the same. The petitioner also sent a representation to the respondents in this regard. Since no action has been taken by the respondents, this writ petition has been filed.

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4. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's land can be measured within the time fixed by this Court.

5. Considering the above facts and circumstances of the case, this Court directs the respondents to conduct survey of the subject property by considering the representation made by the petitioner dated 29.12.2023, in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice within a period of twelve [12] weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 12.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The Tahsildar, Kulathur Taluk, Pudukkottai District.

2.The Taluk Surveyor, Kulathur Taluk, Pudukkottai District.

Order made in W.P(MD)No.2943 of 2024 Dated:

12.02.2024 4/4