Jahitha Begum Y v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29845 of 2023 Y.Jahitha Begum ... Petitioner v.

1.The District Collector, Collector Office, Trichy District.

2.The Revenue Divisional Officer, Thiruverumbur Division, Thiruverumbur, Trichy - 14, Trichy District.

3.The Tahsildar, Taluk Office, Thiruverumbur Taluk, Thiruverumbur, Trichy - 14, Trichy District.

4.The Village Administrative Officer, Near Manjathidall Bridge, Ellaikudi, Kattur.

5.The Land Surveyor, Agaram Village, Ellaikudi, Kattur, Thiruverumbur Taluk, Trichy - 19, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to issue separate 1/5

patta in favour of the petitioner and other legal heirs by measuring and demarcating the agricultural lands in Survey No.29/1A3 to the extent of 0-14.00 hectare (34.5 cents), comprised in patta no.6, Survey No. 53/3A, to the total extent of 0-6.00 hectare, (14.8 cents), comprised in Patta No.119, survey no.29/10A1A1A1A1, to the total extent of 1-22.82 Hectares, (303 cents), comprised in patta no.426 and survey no.29/3, to the total extent of 0-9.50 Hectare (23 cents), comprised in patta no.1374, which situated at Agaram Village, Thiruverumbur Taluk, Trichy District based on her representation dated 29.03.2023.

For Petitioner : Mr.M.Benazir Begum For Respondent : Mr.M.Prakash, Additional Government Pleader

ORDER

Heard both sides.

2.The case on hand involves four pattas, namely, Patta Nos.6, 119, 426 and 1374. Patta No.6 stands in the name of one Abdul Kareem. The petitioner is his niece. Abdul Kareem is no more. He has no issues. The petitioner claims that she has 1/3rd share in the land covered under Patta No.6. She wants separate patta in respect of her 1/3rd share. 2/5

The other three pattas are in the joint names of Abdul Kareem and others. The petitioner seeks separate patta likewise. The Tahsildar is directed to issue notice to all the legal heirs of Abdul Kareem and other joint pattadhars. If there is consensus among the pattadhars, proper survey will be conducted and separate patta will be issued in favour of the petitioner. If consensus could not be arrived at, the Tahsildar shall relegate the parties to go before the civil court for partition. This exercise shall be completed within a period of twelve weeks from the date of receipt of copy of this order. 3.This writ petition is disposed of. No costs. Connected miscellaneous petition is closed.

15.12.2023 Index : Yes / No Internet : Yes/ No skm To 1.The District Collector, Collector Office, Trichy District. 2.The Revenue Divisional Officer, Thiruverumbur Division, Thiruverumbur, Trichy - 14, Trichy District. 3.The Tahsildar, Taluk Office, Thiruverumbur Taluk, Thiruverumbur, Trichy - 14, Trichy District.

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4.The Village Administrative Officer, Near Manjathidall Bridge, Ellaikudi, Kattur.

5.The Land Surveyor, Agaram Village, Ellaikudi, Kattur, Thiruverumbur Taluk, Trichy - 19, Trichy District. 4/5

G.R.SWAMINATHAN, J.

SKM W.P.(MD)No.29845 of 2023 15.12.2023 5/5