J.Vallithai v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/12/2024
CORAM
THE HONOURABLE MRS. JUSTICE N.MALA J.Vallithai ... Petitioner Vs.
1. The Thasildar, Taluk Office, Sankaran Kovil, Tenkasi District.
2. The Taluk Surveyor, Sankaran Kovil, Tenkasi District.
3. The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.
4.M.Maharajan ... Respondents (R4 is impleaded vide order dated 11.12.2024 by NMJ) PRAYER :Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the respondents 1 and 2 to measure the petitioner's property 1/5
comprised in S.No.353/1C1A1C measuring to an extent of 20 cents situated at Kurukkalpatti Village, Sankarankovil Taluk, Tenkasi District with the help of the 3rd respondent and issue separate patta with specific subdivision of the land to the petitioner within a stipulated time that may fixed by this Court. For Petitioner : Mr.R.Rajamohan For R1 to R3 : Mr.A.Kannan Additional Government Pleader For R4 : Mr.S.A.Ganapathy Raman
ORDER
This writ petition is filed for issuance of writ of mandamus directing the respondents 1 and 2 to measure the petitioner's property comprised in S.No.353/1C1A1C measuring to an extent of 20 cents situated at Kurukkalpatti Village, Sankarankovil Taluk, Tenkasi District with the help of the 3rd respondent and issue separate patta with specific subdivision of the land to the petitioner within a stipulated time fixed by this Court. 2/5
2. The petitioner purchased the subject property on 23.06.2021. Ever since the purchase, the petitioner was in possession and enjoyment of the same. The petitioner applied for subdivision and for grant of separate patta after demarcation of the four boundaries in S.No.353/1C1A1C measuring to an extent of 20 cents in Kurukkalpatti Village, Sankarankovil Taluk, Tenkasi District, to the first respondent on 11.05.2023. The petitiner also paid requisite fees for the same. As the respondents did not take any steps to issue patta in the name of the petitioner, the petitioner sent a detailed representation on 01.06.2023. Even thereafter no action was taken. Hence, the petitioner filed the above writ petition for the aforesaid relief.
3.When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the suit in O.S.No.300 of 2023 on the file of the Subordinate Court, Sankarankovil is pending and therefore, liberty may be given to the petitioner to approach this Court after disposal of the suit. 3/5
4. In view of the submisisons made by the learned counsel for the petitioner, this writ petition is disposed of granting liberty to the petitioner to approach this Court after the civil proceedings are concluded. No costs.
11.12.2024 Index : Yes / No NCC : Yes / No CM TO
1. The Thasildar, Taluk Office, Sankaran Kovil, Tenkasi District.
2. The Taluk Surveyor, Sankaran Kovil, Tenkasi District.
3. The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.
4/5
N.MALA,J CM
ORDER
IN WP(MD) No.15418 of 2023 Date : 11/12/2024 5/5