S.Indira @ Indirani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Indira @ Indirani ... Petitioner Vs.

1. The District Collector, The Collector Office, Madurai.

2. The Tahsildar, The Tahsildar Office, Madurai East Taluk, Madurai.

3. The Head Surveyor, Madurai East Taluk, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus for a direction, direct the 3rd respondent to conduct the survey and also direct the 2nd respondent to change the patta in the name of the petitioner for the land situated at UDR Survey No. 84/12 in Sub Division 12A1A plot No. 117.

For Petitioner :

M/s.B.Bhuvaneshvari for M/s.Ganesan Legist Law Firm 1/5

For Respondents :

M/s.B.Saravanan, Additional Government Pleader

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the 3rd respondent to conduct survey and also direct the 2nd respondent to mutate patta in the name of the petitioner in respect of Plot No.117 comprised in Survey No. 84/12 in Sub Division 12A1A.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The learned Additional Government Pleader would submit that the petitioner has only sought for survey to be conducted and remitted necessary charges and no application has been made for issuance of patta.

4. The learned counsel for the petitioner submits that the petitioner has already made proper application seeking subdivision as well as issuance of patta. The learned counsel for the petitioner also invited my attention to my 2/5

order in W.P(MD)No.27802 of 2024, dated 18.02.2025 wherein I had disposed of similar request with certain directions. The same would apply to the facts of the present case as well.

5. In the light of the above, this writ petition is disposed of on the same lines on which W.P(MD)No.27802 of 2024 was disposed of. Accordingly, the 2nd respondent shall conduct enquiry, after giving opportunity to the petitioner to submit all the material documentary evidence and after considering the same, the 2nd respondent shall take a call on entitlement of the petitioner for separate patta, subject to petitioner satisfying the requirements of making proper online application and also payment of necessary charges. If no such application has been made or the petitioner is unable to show that proper application has been filed, then it shall be open to the petitioner to make fresh application in that regard and pay necessary charges.

The Tahsildar shall subject to the entitlement of the petitioner, on enquiry, giving a fair opportunity to the petitioner as well as other interested persons who may be interested/objected by the sub-division, shall effect subdivision and issue separate patta to the petitioner, if entitled based on the documentary evidence producted by the petitioner.

shall conduct survey with the assistance of the 3rd respondent and dispose of the petitioner's application for survey. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

6. With the above directions, this Writ Petition stands disposed of. No costs.

22.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1. The District Collector, The Collector Office, Madurai.

2. The Tahsildar, The Tahsildar Office, Madurai East Taluk, Madurai.

3. The Head Surveyor, Madurai East Taluk, Madurai.

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P.B.BALAJI , J.

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