Madras High CourtWP(MD)/24877/2023disposed of

T.Kamaraj v. The Tahsildar

2023-10-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN T.Kamaraj ... Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Thenkarai, Periyakulam, Theni District - 625 601.

2.The Taluk Surveyor, Taluk Office, Periyakulam, Theni District - 625 601.

... 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 and dispose of the petitioner's application / representation dated 29.08.2023 and consequently to survey and demarcate the land comprised in 10 (Ten) Plots with Plot Nos.132, 133, 134, 135, 136, 157, 158, 159, 160 and 161 in the lay-out in the name of Annai Nagar comprised in Survey Nos. 1926 and 1927/2 of 1/4

Thamaraikulam Village, Periyakulam Taluk to a total extent of 12,000 Sq. Ft and to issue individual patta within a specific time frame as may be fixed by this Court.

For Petitioner : Mr.B.Rooban For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

Heard both sides.

2. In one breath, the petitioner is asking for two prayers. He wants survey to be conducted but he is not having any individual patta in his name. The patta continues to be in the name of his vendor. I wanted to know if the said patta is an individual patta. The learned counsel appearing for the petitioner fairly states it is a joint patta. Therefore, the petitioner must first obtain separate patta in his name before asking for survey. Therefore, the request for survey is negatived for the present.

3. The first respondent will consider the petitioner's application for sub division and issuance of patta as per norms. Notice will have to be 2/4

issued to the other pattadhars. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. If the petitioner succeeds in getting individual patta, he can approach the very same Tahsildar for conducting survey and earmarking the boundaries.

4. With this direction to the first respondent, this writ petition is disposed of. There shall be no order as to costs. 16.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Tahsildar, Tahsildar Office, Thenkarai, Periyakulam, Theni District - 625 601.

2.The Taluk Surveyor, Taluk Office, Periyakulam, Theni District - 625 601.

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G.R.SWAMINATHAN, J.

MGA 16.10.2023 4/4