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Madras High CourtWP(MD)/29543/2023disposed of

J.V.P.Idhayachandran v. The Tahsildar

2023-12-14Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN J.V.P.Idhayachandran ... Petitioner Vs.

1.The Tahsildar, Thanakkankulam Village, Thirupparankundram Taluk, Madurai.

2.The Surveyor, Thanakkankulam Village, Thirupparankundram Taluk, 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 petitioners representation dated 19.09.2023 and 05.10.2023 to survey and measure the land and issuance of separate patta in the petitioner's family members comprised in Madurai South Taluk, Thanakkankulam Village, Punja Land in Re-Survey No.40/1A for the extent of 84 Acres 36 Cents now sub divided in Re-Survey 1/4

No.40/1A1A1 comprised in center portion of land and named Sri Anjaneya Nagars eastern side Acre 1 Cent 10 punja land divided into housing plots and petitioner father purchased the Southern side of plot No.41, Plot No.42 for extent of 3,274-1-1⁄2 sq. ft in document No.1162 of 2004 dated 23.02.2004 and Plot Nos.7, 8, 9, 10, 11 and 12 for the extent of 4,719 sq. ft in document No.5583 of 2004 dated 27.08.2004 in Joint Patta No.1979.

For Petitioner : Mr.T.R.Subramanaian For Respondents : Mr.M.Prakash, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner is a joint pattadar. Apart from the petitioner, there are 233 other persons included in the patta. Only if the petitioner can convene a meeting and arrive at consensus, survey can be conducted. The petitioner is entitled to approach the first respondent only after the 2/4

consensus is reached. If no consensus could be reached, the first respondent cannot be expected to conduct any survey. 3.This writ petition is disposed of accordingly. No costs. 14.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Tahsildar, Thanakkankulam Village, Thirupparankundram Taluk, Madurai.

2.The Surveyor, Thanakkankulam Village, Thirupparankundram Taluk, Madurai.

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G.R.SWAMINATHAN, J.

ias 14.12.2023 4/4