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Madras High CourtWP(MD)/30219/2023dismissed

Devi Kamatchi v. The Tahsildar

2023-12-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Devi Kamatchi ... Petitioner Vs.

1.The Tahsildar, East Taluk, Madurai.

2.The Head Surveyor, Survey and Land Reforms, Othakadai, Madurai - 625 023.

... 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 measure and survey the lands of the petitioner in S.No. 51/11A and 51/11C situated at Velliyankundram, Mathur Village, Madurai District within the stipulated time fixed by this Court. 1/4

For Petitioner : Mr.R.Velmurugan For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

Heard both sides.

2.The petitioner had purchased Plot Nos.15 and 16 comprised in SM Nagar 2 omprised in Survey Nos.151/11A, 51/11C vide sale deed dated 03.06.2011. She applied to the respondents for issuance of patta. The stand of the respondents is that Plot Nos.15 and 16 purchased by the petitioner are not comprised in Survey Nos.51/11A and 51/11C. According to the respondents, the plots were located in Survey Nos. 51/11D and 51/18. Those two survey numbers did not stand in the names of the petitioner's vendor, namely, P.Nallamuthu Perumal. In these circumstances, the respondents cannot grant relief. The petitioner has to go to the jurisdictional civil Court for identifying and establishing her title over the plots purchased by her under sale deed dated 03.06.2011. 2/4

3.Granting such liberty to the petitioner, this writ petition stands dismissed. There shall be no order as to costs. 19.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Tahsildar, Rameshwaram Taluka, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

MGA 19.12.2023 4/4