Madras High CourtWP(MD)/15176/2015allowed

Stalin Masco v. The District Collector

2023-07-13Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.15176 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15176 of 2015 Stalin Masco ... Petitioner Vs.

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Pudukkottai, Pudukkottai District.

3. The District Head Surveyor, O/o.The Tahsildar, Pudukkottai.

4. J.John @ John MGR ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey and measure the petitioner's properties in Plot No.6 and 7 in survey No.13/9, Plot Nos.3, 4, 7 and 9 in survey No.11/2, Plot No.2 in survey No.13/7 of Thirumalairayasamuthiram Village, Pudukkottai Taluk, Pudukkottai District within a time frame to be stipulated by this Court.

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2 W.P.(MD)NO.15176 OF 2015 For Petitioner : Mr.K.N.Govardhanan For R-1 to R-3 : Mr.SR.A.Ramachandran, Additional Government Pleader.

For R-4 : No appearance.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner wants the petition-mentioned land to be surveyed and measured.

3. Unless the petitioner is able to show ownership over the land in question, the jurisdictional Tahsildar may not be in a position to entertain the application for survey. Normally patta is insisted. If the petitioner does not have patta, he still may be able to demonstrate that he has got claim under some document. The petitioner is also not in a position to produce either.

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3 W.P.(MD)NO.15176 OF 2015

4. In these circumstances, I am not in a position to give direction sought for by the petitioner. It is open to the petitioner to approach the second respondent with all the relevant documents. If the second respondent is satisfied that the application is in order, he may entertain the same.

4. Granting liberty to the petitioner to approach the second respondent, this writ petition stands disposed of. No costs.

13.07.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Pudukkottai, Pudukkottai District.

3. The District Head Surveyor, O/o.The Tahsildar, Pudukkottai.

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4 W.P.(MD)NO.15176 OF 2015 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15176 of 2015 13.07.2023 4/4