Krishnamoorthy K R v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.R.Krishnamoorthy ... Petitioner Vs.

1.The Tahsildar, Thirupparankundram, Madurai - 5.

2.The Surveyor, Survey and Settlement Operations, Madurai South, Madurai.

... 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 to consider the petitioner's representation dated 18.04.2023 for the survey of lands in old Survey No.597/4, New Survey No.266/4 (Patta No.1081) and New Survey No.342/4 and 348/8 (as per Patta No. 1055) in Nilaiyur Bit-I, Thirupparankundram Sub-division, measuring totally 2 Acres and 64 cents and thereby fix the boundaries within a time frame as directed by this Court.

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For Petitioner : Mr.M.S.Suresh Kumar For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

Heard both sides.

2. The petitioner is not having any individual patta in his favour. Patta No.1081 contains the names of four persons. The petitioner is claiming right through one of the joint pattadhars. Unless the petitioner can obtain separate patta in his favour, request for survey cannot be granted. After the petitioner obtains individual patta in his name, he can very well approach the respondents the relief now sought for.

3. With this liberty to the petitioner, this writ petition is dismissed. There shall be no order as to costs.

10.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 2/4

To 1.The Tahsildar, Thirupparankundram, Madurai - 5.

2.The Surveyor, Survey and Settlement Operations, Madurai South, Madurai.

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G.R.SWAMINATHAN, J.

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