← Library
Madras High CourtWP(MD)/29248/2023disposed of

B.M.Sudha v. The District Collector

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN B.M.Sudha ... Petitioner Vs.

1.The District Collector, District Collector's Office, Madurai.

2.The District Revenue Officer, District Revenue Office, Madurai.

3.The Revenue Divisional Officer, Revenue Divisional Office, Madurai.

4.The Tahsildar, Thiruparankundram Taluk Office, Madurai.

5.The Village Administrative Officer, Village Administrative Office, Madakkulam Village, Palanganatham Village, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1 to 5 respondents herein to survey the land in Re-Survey filed No. 428 at Madurai District, Thiruparankundram Taluk, Madakulam Village.

1/4

For Petitioner : Mr.V.Jeyarani For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

2. The prayer in the writ petition cannot be countenanced. This is because, the petitioner is not having patta in her favour. Unless the applicant has patta in one's favour, survey cannot be done at his instance. In this case, the petitioner had already filed an application for issuance of patta. Her request was rejected by the Tahsildar vide order dated 10.07.2023. Copy of the same has been made available to the petitioner's counsel. The petitioner has to go before the jurisdictional Revenue Divisional Officer. The petitioner must succeed in the patta proceedings. Of-course, as a part of the patta proceedings, the revenue authority can conduct survey. But that will be done on their own towards the process of issuance of patta.

2. Granting liberty to the petitioner to file an appeal before the RDO, Madurai, the Writ Petition is disposed of. No costs. 12.12.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Collector, District Collector's Office, Madurai.

2.The District Revenue Officer, District Revenue Office, Madurai.

3.The Revenue Divisional Officer, Revenue Divisional Office, Madurai.

4.The Tahsildar, Thiruparankundram Taluk Office, Madurai.

5.The Village Administrative Officer, Village Administrative Office, Madakkulam Village, Palanganatham Village, Madurai District.

3/4

G.R.SWAMINATHAN, J.

rmi 12.12.2023 4/4