M.Kamatchi v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Kamatchi ... Petitioner Vs 1.The Tahsildar, Dindigul East Tahsildar Office, Dindigul District.

2.The Taluk Surveyor, Koonapatti Village Administrative Office, Sanarpatti Village, Dindigul East, Dindigul District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to carry out survey, measurement and demarcation of boundaries of the agricultural land measuring to an extent of 0.24.00 Hectares, comprised in Survey No.53/6 A1 situate at Konapatti Village, 1/5

Dindigul East Taluk, Dindigul District by considering the petitioner's representation dated 12.04.2023.

For Petitioner : Mr.P.Sathish Kumar For Respondents : Mr.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner has approached this Court that her application to survey her land in Survey No.53/6 A1 to an extent of 0.24.00, situate at Konapatti Village, Dindigul East Taluk, Dindigul District has not been considered by the respondents. 2.The learned Special Government Pleader appearing for the respondents by referring the written instructions, which she has received from the Tahsildar, Dindigul East submits that one Palaniyappa Pillai has purchased 27 1⁄2 cents lands from one Alagammal vide Document No.567/1988 and he purchased another 2 cents from Alagammal and Kaliappan Mesthri vide Document No. 2/5

751/1989. The petitioner has purchased 27 1⁄2 cents of lands from the said Palaniappa Pillai group vide Document No.3548/2015. The subject land in S.No.53/6A was reclassified as 53/6A1 and the patta for the land stands in the names of Alagammal, Thimiichettiar and Panchavarnam and the patta for the land in Survey No.53/6A2 stands in the name of Panchavarnam. The petitioner has not taken any steps for getting individual patta based on his document and only after obtaining individual patta, the survey can be conducted. 3.It is an admitted fact that the petitioner has purchased a portion of the land by way of a registered document. The contention of the respondents is that the patta for the subject lands stands in the name of Alagammal, Thimiichettiar and Panchavarnam. Considering the case of the petitioner, this writ petition is disposed of with a direction to the respondents to conduct a survey based on the petitioner's document, after issuing notice to the other pattadars and complete the exercise 3/5

within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

05.07.2023 NCC : Yes / No.

Index : Yes / No.

vrn To 1.The Tahsildar, Dindigul East Tahsildar Office, Dindigul District.

2.The Taluk Surveyor, Koonapatti Village Administrative Office, Sanarpatti Village, Dindigul East, Dindigul District.

4/5

B.PUGALENDHI, J.

vrn Order made in 05.07.2023 5/5