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Madras High CourtWP(MD)/22168/2015dismissed

M.Pandithurai v. The District Revenue Officer

2023-08-09Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Pandithurai ... Petitioner Vs.

1.The District Revenue Officer, Madurai District.

2.The Revenue Divisional Officer, Madurai Sub-Division, Madurai District.

3.The Tahsildar, Thirupparankundram Taluk, Madurai 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 1st respondent to cancel the wrong sub-divisions in Survey Nos.54/1A4, 54/1A5 and 54/1A9 which reflects in Survey No.54 situates at Thanakkankulam Village, Thirupparankundram Taluk, Madurai South, Madurai District and consequently directing the respondents to issue 1/4

separate patta to the petitioner on the basis of his representation dated 24.11.2015.

For Petitioner : No appearance For Respondents : Mr.D.Gandhiraj, Spl. Government Pleader.

ORDER

None appears for the writ petitioner. The case is posted under the caption "for dismissal".

2.I went through the averments set out in the affidavit filed in support of the writ petition.

3.The learned Special Government Pleader on instructions submitted that as per village accounts, S.No.54/1A11 has been sub-divided into S.Nos.54/1A11A1, 54/1A11B and 54/1A11C. The petitioner had purchased the property under document No.7377/2014. In the document, it has been mentioned that it is comprised in S.No.54/1A11 as Plot No.5C. But on verification, it is seen that Plot 2/4

No.5C is comprised in S.Nos.54/1A9A and 54/1A9B. According to the Sub-Inspector of Survey, Thirupparankundram, the site for which the petitioner seeks patta and the site which belongs to him as per the document are different. According to the respondents, the petitioner must have a rectification deed executed in his favour. In the alternative, he may have to file a formal civil suit. I sustain the stand taken by the respondents.

4.This writ petition is dismissed accordingly. No costs. 09.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Revenue Officer, Madurai District.

2.The Revenue Divisional Officer, Madurai Sub-Division, Madurai District.

3.The Tahsildar, Thirupparankundram Taluk, Madurai District.

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G.R.SWAMINATHAN, J.

ias 09.08.2023 4/4