← Library
Madras High CourtWP(MD)/3930/2025allowed

P.Mohan v. The District Collector

2025-02-14Honourable Mr Justice P.B. Balaji4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI 1.P.Mohan 2.Kalaiyarasi 3.Rajeshwari 4.Venkatesan ... Petitioners Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverumbur Taluk, Trichy District.

3.The Head Surveyor, Thiruverumbur Taluk, Trichy District.

4.The Taluk Deputy Tahsildar, Thiruverumbur Taluk, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to conduct survey, demarcate, laying survey stone and issue a separate patta to our property 1/4

measuring an extent of 0.04.20 ares (10.45 cents) situated in Thuvakudi Village, Thiruverumbur Taluk, Trichy District based on the patta No.3852 issued by the second respondent vide Ref in D.K.No.983 to 986/2022 dated 11.11.2022 and also based on the representation dated 09.09.2024. For Petitioner : Mr.M.Ashok Kumar For Respondents : Mr.C.Satheesh Government Advocate

ORDER

The writ petitioners seek issuance of writ of mandamus to direct the respondents to conduct survey and demarcate the petitioner's property by laying survey stones and consequently, issue separate patta to the petitioners. The petitioners, who are wife and children of late.Palani Manickam, had approached this Court in W.P.(MD).No.23074 of 2023 and the same was disposed of by this Court recording the submission of the learned Government Advocate that survey have already been conducted and the respondents were directed to serve copy of survey report along with the survey sketch on the petitioners's counsel. That writ petition itself came to be disposed of at the admission stage on 21.12.2023. The grievance of the petitioners is that no such survey had been conducted and hence, the petitioners have made a representation on 09.09.2024 and since there has been no response to the same, the present writ petition has been filed. The petitioners 2/4

had made an application for survey their property and for issuing patta way back on 11.11.2022 and followed it up with further representation on 09.09.2024.

2. In view of the above, this Writ Petition is allowed with direction to the respondents 2 to 4 to conduct survey and demarcate the petitioners' lands and subject to such survey, issue separate patta to the petitioners in respect of their lands measuring 10.45 cents situated at Thuvakudi Village, Thiruverumbur Taluk, Trichy District, considering the earlier patta No.3852 standing in the name of the father and husband of the petitioners respectively. The said exercise shall be completed within a period of eight(8) weeks from the date of receipt of a copy of this order. No costs.

14.02.2025 Rmk NCC: Yes/No (2/2) Index : Yes / No 3/4

P.B.BALAJI , J.

Rmk To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverumbur Taluk, Trichy District.

3.The Head Surveyor, Thiruverumbur Taluk, Trichy District.

4.The Taluk Deputy Tahsildar, Thiruverumbur Taluk, Trichy District.

14.02.2025 (2/2) 4/4