Kamala @ Kamalathammal.R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN R.Kamala @ Kamalathammal ... Petitioner Vs.

1.The Commissioner, Tirunelveli Corporation, S.N.Highroad, Tirunelveli Town.

2.The Deputy Commissioner, Thachanallur Division, Tirunelveli Corporation, Tirunelveli.

3.The Town Surveyor, Tirunelveli Corporation, Tirunelveli.

4.The Tahsildar, Tirunelveli Taluk, Tirunelveli Town, Tirunelveli.

5.Shanmugasundaram 6.Meena @ Meenakshiammal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to issue individual patta to the petitioner in respect of the plots comprised in Survey Nos.849 and 850 originally situated at Chathiram Pudukulam Village, Tirunelveli Taluk, now assigned as old plot number C-101 to C-108 new plot number 374 to 381, Chidambaram Nagar, Tirunelveli Corporation Ward A, Block 9, T.S.No.1/1 and consequently direct the respondents 1 and 2 to enter the name of the petitioner in the 1/3

Town Survey Register in respect of the above plots, within a time frame that may be stipulated by this Court.

For Petitioner : Mr.R.Pon Karthikeyan For R-1 and R-2 : Mr.Aayiram Selva Kumar For R-3 and R-4 : Mr.S.Shanmugavel, Government Advocate.

ORDER

Heard R.Pon Karthikeyan, learned Counsel for the petitioner and Mr.Aayiram Selva Kumar, who appears for the first and second respondents/ the Commissioner and Assistant Commissioner, Thachanallur Division in Tirunelveli Corporation. Though in the cause title, the second respondent is mentioned as the Deputy Commissioner, it is clarified that the post is only the Assistant Commissioner. Heard also Mr.S.Shanmugavel, learned Government Advocate for third and fourth respondents.

2. Joint patta had been granted in respect of the land in Survey Nos.849 and 850 at Chathiram Pudukulam Village, Tirunelveli Taluk, now assigned as old Plot No.C-101 - C-108, new Plot Nos.374 - 381, Chidambaram Nagar in Tirunelveli Corporation in favour of the petitioner, R.Kamala @ Kamalathammal and also to the fifth and sixth respondents, Shanmugasundaram and Meena @ Meenakshiammal. Now the petitioner seeks an individual patta. In this connection, a representation has been given. But it will only be appropriate that the petitioner gives necessary application through online and also pays necessary challan and fees. Two (2) weeks time is granted to the petitioner to apply with the said requisition.

After that, the fourth respondent with the assistance of the third respondent, may examine the lands of the petitioner, demarcate the same and thereafter, issue individual patta. For that process, a time limit of twelve (12) weeks is given. After that particular process is completed, the first and second respondents may examine whether the petitioner is entitled for consequential relief of entering the name in the Town Survey Register. That process may be completed within a further period of twelve (12) weeks from the date on which the third and fourth respondents completes the grant of patta.

(12) weeks. Thereafter, the first and second respondents to examine and enter the name of the petitioner in the Town Survey Register within a further period of twelve (12) weeks from the date of grant of patta.

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3. With the said observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Lm/Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner, Tirunelveli Corporation, S.N.Highroad, Tirunelveli Town.

2.The Deputy Commissioner, Thachanallur Division, Tirunelveli Corporation, Tirunelveli.

3.The Town Surveyor, Tirunelveli Corporation, Tirunelveli.

4.The Tahsildar, Tirunelveli Taluk, Tirunelveli Town, Tirunelveli.

+1 CC to M/s.R. PONKARTHIKEYAN, Advocate ( SR-33730[F] dated 08/11/2021 ) +1 CC to M/s.SPL.GP ( SR-33770[F] dated 09/11/2021 ) 08.11.2021 RK/NS(24/11/2021) 3P 7C 3/3