Bose M A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI M.A.Bose through its power agent B.Ashok Kumar .... Petitioner /Vs/

1. The District Collector Collector Office, Dindigul, Dindigul District

2. The Tahsildar Taluk Office, Authoor, Dindigul District

3. The Head Surveyor Taluk Office, Authoor, Dindigul District. .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to survey the land and to issue separate patta in the petitioner father's name for measuring to an extent of 31 cents lying in survey no. 925/3A1 situated at Ayyampalayam Village, Authoor Taluk, Dindigul District within stipulated time fixed by this Court based on his representation dated 06.02.2025.

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For Petitioner : Mr.P.Ranjithkumar For Respondents : Mrs.S.Jeyapriya Government Pleader

ORDER

The petitioner has sought for issuance of separate patta in his name, based on the registered partition deed in Document No.189/1985. The petitioner has paid the necessary fees and also made an application to the respondents. Since no action was taken on the said representation given in the year 2024, the petitioner gave one more representation on 06.02.2025 to the District Collector and Tahsildar.

2. The petitioner now seeks survey and issuance of separate patta in the name of the petitioner's father. The petitioner has filed the present writ petition as power of agent of his father M.A.Bose. I find from the registered partition deed, as well as the Power of Attorney, that a definite property bounded on the four sides has been allotted to the writ petitioner. Therefore, there can be no impediment for the respondents to survey the property and if the petitioner is found to be entitled to separate batta, process the same.

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3. In view of the above, the writ petition is disposed of directing the second respondent with the assistance of the third respondent to conduct a survey and determine the entitlement of the petitioner for separate patta based on the registered partition deed. If the petitioner is entitled to separate patta in respect of 31 cents comprised in S.No. 925/3A1, Ayyampalayam Village, Authoor Taluk, Dindigul District, then the second respondent shall proceed to issue patta in the name of the petitioner. If the second respondent is of the opinion that the other pattadhars will also have to be heard, then it shall be open the second respondent to conduct an appropriate enquiry before passing orders on the petitioner's application dated 06.02.2025. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 25.03.2025 am 3/5

To

1. The District Collector Collector Office, Dindigul, Dindigul District

2. The Tahsildar Taluk Office, Authoor, Dindigul District

3. The Head Surveyor Taluk Office, Authoor, Dindigul District.

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P.B. BALAJI , J.

am Order made in W.P.(MD)No.8198 of 2025 Dated:

25.03.2025 5/5