Mallieswaran v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Mallieswaran ... Petitioner Vs.

1.The Tahsildar, Kulithalai, Karur District.

2.The Land Surveyor, Kulithalai, Karur District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 24.07.2024 and measure and demarcation of the land in S.No.660/1 in patta No.2751 in Vaigainallur Village, Kulithalai Taluk, Karur District, for the extend of 86.5 cents.

For Petitioner : Mr.S.Balaji For Respondents : Mr.B.Saravanan, Additional Government Pleader.

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ORDER

This writ petition is filed for a mandamus to direct the respondents to consider the petitioner's representation dated 24.07.2024 and measure and demarcation of the land in S.No.660/1 in patta No.2751 in Vaigainallur Village, Kulithalai Taluk, Karur District, for the extent of 86.5 cents.

2.The case of the petitioner is that originally the above said land was purchased by the petitioner's father and after his father's demise, the petitioner's mother and brother executed gift deed in favour of the petitioner on 31.03.2022. The petitioner made an application before the respondents herein on 24.07.2024 for measurement and demarcation of the boundary of the above said land and also for issuance of separate patta in favour of the petitioner. Since the representation did not evoke any response, the petitioner has approached this Court. 3.The learned Additional Government Pleader appearing for the petitioner would submit that the petitioner has not paid the fee and in case, if the petitioner produces proof for payment, the application would be processed.

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4.Considering the above, the petitioner is directed to make payment for measurement and demarcation of the boundary of the above said land and also for issuance of separate patta and on such payment, respondents shall conduct survey and subdivide the petition mentioned property. The petitioner shall submit all the relevant records to show their title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. 5.With the above directions, this Writ Petition is allowed. No costs. 11.09.2024 Index:Yes/No Internet:Yes/No gns 3/4

P.T.ASHA,J.

gns To 1.The Tahsildar, Kulithalai, Karur District.

2.The Land Surveyor, Kulithalai, Karur District.

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