Priskillal Seeni v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Priskillal Seeni : Petitioner Vs.

1.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

2.The Surveyor, Office of the Tahsildar, Sankarankovil Taluk, Tenkasi District.

3.The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to conduct a survey on the petitioner's punjai land in Survey No.89/2 to an extent of 0.52.5 Hectare vide in Patta No.358 and Survey No.89/1B to an extent of 0.52.5 hectare vide in Patta No. 1/5

957, totally an extent of 0.10.13 hectare (25 cent) on the western side of eastern side of 0.82.0 hectare (75 cents) of Veeriruppu Village, Sankarankovil Taluk, Tenkasi District considering the petitioner's representation dated 23.12.2024 within a time frame fixed by this Court.

For Petitioner : Mr.V.Muthuvelan For Respondents 1 & 2 : Mr.M.Lingadurai Special Government Pleader For Respondent No.3 : Mr.S.Prakash Government Advocate [Crl. Side]

O R D E R

Heard the learned Counsel for the petitioner, nr.M.Lingdurai, learned Special Government Pleader appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate [Crl. Side] appearing for the third respondent. 2.The petitioner's request is for sub-division as well as issuance of patta after conducting the survey. The claim of the petitioner is based on registered sale deed in respect of 25 cents from one krishnan. Joint patta was issued in the name of one Madasamy and the petitioner.

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3.When the writ petition is taken up for admission, learned Special Government Pleader would bring to my notice that there is an appeal petition filed by the petitioner's vendor before the Revenue Divisional Officer, Sankarankovil, and the same is pending. He would therefore, submit that until the issue is resolved the petitioner's request cannot be acted upon.

4.Considering the above submission made by the learned Special Government Pleader, it would suffice to dispose of, this Writ Petition, directing the petitioner also to be heard in the pending appeal petition before the Revenue Divisional Officer, Sankarankovil, at the instance of his vendor. The Revenue Divisional Officer, Sankarankovil, shall conduct necessary enquiry after affording opportunity to the petitioner as well as other interested parties and thereafter pass orders on merits and in accordance with law within a period of eight [8] weeks, based on which the petitioner can make appropriate application for issuance of patta. There shall be no order as to costs.

10.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Revenue Divisional Officer, Sankarankovil.

2.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

3.The Surveyor, Office of the Tahsildar, Sankarankovil Taluk, Tenkasi District.

4.The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

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P.B.BALAJI.

, J.

MR 10.03.2025 5/5