Ramathilagam v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.4 of 2024 Ramathilagam ... Petitioner vs.

1.The Tahsildar, Madurai Town.

2.The Surveyor, Madurai District.

3.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent Nos.1 and 2 herein to conduct survey and demarcate four boundaries in respect of the property bearing Plot No.28, comprised in S.No.6/1 situated at Karadipatti Village, Madurai South Taluk, Madurai District with the aid of the 3rd respondent and issue survey report and consequently direct the respondent No.1 herein to issue patta for the above said land within a 1/6

stipulated time period, in accordance with law, on the basis of the application dated 03.05.2022.

For Petitioner : Mr.C.Senthil Murugan For R1 & R2 : Mr.D.Gandhi Raj Special Government Pleader For R3 : Mrs.M.Asha Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent Nos.1 and 2 to conduct survey and demarcate four boundaries in respect of the property bearing Plot No.28, comprised in S.No.6/1 situated at Karadipatti Village, Madurai South Taluk, Madurai District, with the aid of the 3rd respondent and issue survey report and consequently direct the respondent No.1 to issue patta for the above said land within a stipulated time period, in accordance with law, on the basis of the application dated 03.05.2022.

2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 2/6

3. According to the petitioner, her husband purchased the property bearing Plot No.28, comprised in S.No.6/1 situated at Karadipatti Village, Madurai South Taluk, Madurai District. Her husband expired on 10.01.2016, leaving behind the petitioner and her sons Raman, Lakshmanan and her daughter Rajalakshmi as legal heirs. Therefore, she has made an application before the first respondent on 03.05.2022, seeking to conduct survey and issue patta and also remitted necessary payment. However, the said application has not been considered so far. Hence, the petitioner has filed the present writ petition.

4. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 and 2 and the learned Additional Government Pleader appearing for the thirdr respondent.

5. Considering the above said facts, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 and 2 to 3/6

survey and demarcate the property bearing Plot No.28, comprised in S.No.6/1 situated at Karadipatti Village, Madurai South Taluk, Madurai District, with the police protection if necessary and issue patta, by considering the petitioner's application dated 03.05.2022, after affording reasonable opportunity to all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

03.01.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No akv To 1.The Tahsildar, Madurai Town.

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2.The Surveyor, Madurai District.

3.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P.(MD)No.4 of 2024 03.01.2024 6/6