Madras High CourtWP(MD)/23227/2024allowed

Suyambulingam v. The Thasildar

2024-09-30Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024

CORAM:

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

1.The Thasildar, Taluk Office, Radhapuram Taluk, Tirunelveli District.

2.The Taluk Surveyor, Taluk Office, Radhapuram Taluk, Tirunelveli District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to survey, subdivide and issue separate patta to the petitioner for his lands with an extent of 0.28.74 in Survey No. 488(2B3B), 488(3C), 488(2A3),

2) an extent of 0.09.71 - Survey No. 488(3C), 3) an extent of 0.0.43.31 - Survey No. 495 and an extent of 0.00.73 - Survey No. 488(3C) - Patta Nos. 622, 1708 and 1532 respectively situated at Irukkanthurai Part 2 Revenue Village, Radhapuram Taluk, Tirunelveli District.

For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

The petitioner has filed this writ petition for a mandamus directing the respondents to survey, subdivide and issue separate patta to him for his lands measuring an extent of 0.28.74 Hec., in Survey Nos.488(2B3B), 488(3C) and 488(2A3); an extent of 0.09.71 Hec., in Survey No. 488(3C); an extent of 0.0.43.31 Hec., in Survey No.495; and an extent of 0.00.73 Hec., in Survey No.488(3C) having Patta Nos.622, 1708 and 1532 respectively situated at Irukkanthurai Part 2 Revenue Village, Radhapuram Taluk, Tirunelveli District.

2. The case of the petitioner is that the above said properties belong to the petitioner by way of registered settlement deed dated 13.02.2009 and from the date of purchase, he has been in possession and enjoyment of the same. But the aforesaid lands situate in the aforesaid

joint pattas. Therefore, for issuing separate patta by surveying and subdividing the lands, the petitioner made a representation dated 30.08.2024 to the respondents along with necessary charges. However, the survey has not taken place. Therefore, the present writ petition.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representations as early as on 30.08.2024, a mandamus is issued to the respondents to conduct survey and subdivision of the petition mentioned properties. The petitioner shall submit all the relevant records to show his 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 issue patta by 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 twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

30.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Thasildar, Taluk Office, Radhapuram Taluk, Tirunelveli District.

2.The Taluk Surveyor, Taluk Office, Radhapuram Taluk, Tirunelveli District.

P.T.ASHA, J.

abr Dated: 30.09.2024