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Madras High CourtWP(MD)/22939/2024allowed

Ganasarasvathi v. The Tahsildar

2024-09-26Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA Ganasarasvathi ... Petitioner Vs.

1.The Tahsildar, Office of Thiruvonam Taluk Office, Thanjavur District.

2.The Head Surveyor, Office of Thiruvonam Taluk Office, Thanjavur District.

3.The Surveyor, Office of Thiruvonam Taluk Office, Idaiyathi North Revenue Village, Thanjavur 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 respondents 1 to 3 to consider the petitioner's individual patta application, dated 11.08.2023 to conduct sub division process and issue individual patta within the time as stipulated by this Court and pass such further or other orders as this Court. 1/5

For Petitioner : Mr.M.Vivek For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The present Writ Petition is filed for a Mandamus seeking for a direction to the respondents 1 to 3 to consider the petitioner's individual patta application, dated 11.08.2023 to sub divide the lands and issue individual patta.

2. It is the case of the petitioner that she is the owner of the property measuring an extent of 5559 square feet in Survey No.333A/7B, Idaiyathi North Revenue Village, Thiruvonam, Thanjavur, patta bearing No.2781. She would submit that it was an empty plot that she had purchased the same under a registered sale deed, dated 27.09.2021. The petitioner had made a request for grant of separate patta on 11.08.2023 and also paid requisite charges. Notice of survey was also issued on 05.09.2023 stating that a survey would take place on 14.09.2023. However, after that, there has been no further action on the side of the respondent. Therefore, the petitioner is before this Court.

3. Heard the learned Counsels on either side. 2/5

4. Admittedly, the petitioner has made an application on the basis of the registered sale deed under which she had purchased the property. She has also paid necessary charges for the survey and sub division as early as on 17.07.2023 and 11.08.2023 respectively. She had also been informed that a survey would take place on 14.09.2023 which did not take place and thereafter, it is seen that, there is an absolute silence on the side of the respondents. Therefore, a Mandamus is issued directing the first respondent to survey, sub divide and grant patta to the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. The writ petition stands allowed, accordingly. There shall be no order as to costs.

26.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Tahsildar, Office of Thiruvonam Taluk Office, Thanjavur District.

2.The Head Surveyor, Office of Thiruvonam Taluk Office, Thanjavur District.

3.The Surveyor, Office of Thiruvonam Taluk Office, Idaiyathi North Revenue Village, Thanjavur District.

4/5

P.T.ASHA , J.

BTR 26.09.2024 5/5