Tamilmani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Tamilmani .... Petitioner /Vs/

1. The Tahsildar Office of the Tahsildar, Pattukkottai, Thanjavur District.

2. The Firka Surveyor Taluk Office, Pattukkottai Taluk, Thanjavur District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct survey sub-division fix four boundaries and to issue separate patta in respect of the Survey No. 133/7 to the extent of 30 cents (15 cents Middle Part plus 15 cents Eastern Side) situated at Pulavanchi, Pattukkottai Taluk, Thanjavur District by considering the petitioner's application dated 06.02.2025.

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For Petitioner : Mr.P.Balamurugan For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

The petitioner has sought for sub-division, survey and demarcation of boundaries of the petitioner's property. The petitioner has made an application on 06.02.2025 and followed it up with the representation dated 11.03.2025.

2. The case of the petitioner is that the petitioner's husband purchased the property and joint patta was issued in the name of the petitioner's husband and one Irulayee. The petitioner's husband thereafter, in and by the registered settlement deed, has settled the property in favour of the petitioner and based on the said settlement deed, the petitioner seeks subdivision, survey and demarcation of the boundaries.

3. The learned Government Advocate Mrs.S.Jeyapriya, on instructions, would submit that the other pattadars Irulayee is in physical possession of portion of the subject lands.

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4. Considering the above, the petitioner's request for subdivision, survey and demarcation of boundaries can be proceeded with only after putting on notice and subject to her giving consent. In the event of there being any dispute with regard to the petitioner's claims, then the petitioner would have to necessarily approach the competent Civil Court seeking partition and separate possession of her definite share before seeking patta. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5. 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 Tahsildar Office of the Tahsildar, Pattukkottai, Thanjavur District.

2. The Firka Surveyor Taluk Office, Pattukkottai Taluk, Thanjavur District.

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P.B. BALAJI , J.

am Order made in Dated:

25.03.2025 5/5