Maheswari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Maheswari ... Petitioner in W.P(MD)No.7347 of 2023 Rampriya ... Petitioner in W.P(MD)No.7354 of 2023 Vs.

1.The District Collector Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Thasildar Cheranmahadevi Taluk, Tirunelveli District.

... Respondents in both petitions 1/6

COMMON PRAYER : Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to demarcate to the petitioners property comprised in Survey No.199/1A2A2A situated at Mukkudal Village, Cheranmahadevi Taluk, Tirunelveli District, and consequently issue Separate patta to the petitioners on the basis of the petitioners' online application vide Nos.2022/0105/29/240242 and 2022/0105/29/240241, dated 27.12.2022, respectively.

In both writ petitions For Petitioners : Mr.S.Sathya Chidambaram For Respondents : Mr.N.Muthu Vijayan Special Government Pleader COMMON ORDER By consent of both parties, both writ petitions are taken up for final disposal at the stage of admission itself. 2/6

2.Two sisters have filed the two writ petitions seeking survey of the lands in Survey No.199/1A2A2A at Mukkudal Village, Cheranmahadevi Taluk, Tirunelveli District, and then to issue separate patta to each one of the two petitioners. But a perusal of the patta document shows that the patta stands in the name of Boomi Perumal, David, Jaihind Devi, Muthiah Nadar, Ponraj, Maheswari, Johnjothi and Rampriya. The writ petitions have been filed by only two of them namely, Maheswari and Rampriya. There are other six persons in whose names also the patta stands for the very same survey number.

3. The learned counsel was given an option to implead them so that in their presence an order could be passed and that order would be binding on them. But the learned counsel states that the Tahsildar may be directed to issue notice to those individuals.

4. The Tahsildar may issue notice to all those individuals but, if they raised objections then the lands cannot be sub divided and the Tahsildar, cannot issue separate patta to the petitioners herein. If there is no objection, then the Tahsildar, may proceed to demarcate the lands of 3/6

the petitioners and issue separate patta. This order will not bind the other individuals whose names are found in the patta.

5. With the above observation, the Writ Petitions stand disposed of. No costs.

31.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 4/6

To 1.The District Collector Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Thasildar Cheranmahadevi Taluk, Tirunelveli District.

5/6

C.V.KARTHIKEYAN, J.

rm 31.03.2023 6/6