Madras High CourtWP(MD)/17083/2025disposed of

K.Perumal v. The District Collector

2025-06-25Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR K.Perumal ... Petitioner Vs.

1. The District Collector, Tenkasi District,Tenkasi.

2. The Superintendent of Police, Tenkasi District, Tenkasi.

3. The Tashildar, V.K.Pudur Taluk, Tenkasi District, Tenkasi.

4. The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

5. The Inspector of Police, Uthumalai Police Station, Tenkasi District.

6. Rajagopal

7. Sankari

8. Dhanam ... Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent to issue separate patta by surveying the land lying in S.No. 287/6 to an extent of 3920.4 sq.ft/364.22 sq.m/9 cents in the south-west corner out of total 28 cents in Marukalankulam Village, Alangulam Panchayat Union, Melaneelithanallur, V.K.Pudur Taluk, Tenkasi District by demarcating the boundaries with the help of 5th respondent police, on the basis of the petitioner's representation dated 31.05.2025. For Petitioner : Mr.M.Sankar For Respondents : Mrs.K.Malathi Additional Government Pleader for R1, 3 & 5 : Mr.M.Vaikkam Karunanithi Government Advocate for R2&5

ORDER

The petitioner herein seeks a direction to the third respondent to issue separate patta by surveying the land situate in S.No. 287/6 to an extent of 3920.4 sq.ft in the south-west corner of the said survey number in Marukalankulam Village, Alangulam Panchayat Union,

Melaneelithanallur, V.K.Pudur Taluk, Tenkasi District, by considering the petitioner's representation dated 31.05.2025.

2. Heard the arguments of Mr.M.Sankar, learned counsel for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader, who takes notice for the respondents 1, 3 & 4 and Mr.M.Vaikkam Karunanithi, learned Government Advocate, who takes notice for the respondents 2 and 5.

3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, the subject property was purchased by him under registered sale deed dated 23.02.2009. Since there was a dispute with regard to the enjoyment of the said property with the neighbours, the petitioner submitted a representation dated 31.05.2025 before the first respondent, seeking to survey the property purchased by him and issuance of separate patta and the same has not been considered. Hence, the petitioner has approached this Court.

5. The learned Additional Government Pleader appearing for the respondents 1, 3 and 4 would submit that the petitioner failed to file a proper online application, seeking issuance of patta and seeking survey of the property. Therefore, the petitioner has to submit an application before the third respondent, who is a competent authority.

6. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to submit a proper online application seeking survey and issuance of patta before the competent authority, namely, third respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such online application, the third respondent shall consider the same and pass final orders on its own merits within a period of twelve weeks thereafter, after issuing notice to the petitioner, private respondents 6 to 8 and other interested parties.

7. With the above direction, this Writ Petition is disposed of. No costs.

25.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No LS To