Citation : 2025 Latest Caselaw 5325 Mad
Judgement Date : 25 June, 2025
W.P.(MD) No.17085 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(MD) No.17085 of 2025
A.Rajammal ... Petitioner
Vs.
1. The Tahsildar,
Musiri Taluk,
Trichy District.
2. The Head Surveyor,
Musiri Taluk,
Trichy District.
3. The Firka Surveyor,
Serukudi Village,
Musiri Taluk,
Trichy District. ... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus, directing the respondents to
survey, subdivide and grant individual patta for the petitioners land in
S.F.Nos. 278/B7, 36/1, 36/2, 36/3 and 36/4 of Serukudi Village, Musiri
Taluk, Trichy District, as per judgment and decree dated 20.10.2014 in
I.A.No. 1019 of 2011 in O.S.No. 302 of 2010 on the file of District
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W.P.(MD) No.17085 of 2025
Munsif Court, Musiri, based on the petitioners application dated
18.04.2025.
For Petitioner : Mr.A.N.Ramanathan
For Respondents : Mr.M.Gangatharan
Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents to
survey, subdivide and grant individual patta for the petitioner's land in
S.F.Nos. 278/B7, 36/1, 36/2, 36/3 and 36/4 of Serukudi Village, Musiri
Taluk, Trichy District, as per judgment and decree dated 20.10.2014 in
I.A.No. 1019 of 2011 in O.S.No. 302 of 2010 on the file of District
Munsif Court, Musiri, based on the petitioners application dated
18.04.2025.
2. Heard the arguments of Mr.A.N.Ramanathan, learned counsel
for the petitioner and Mr.M.Gangatharan, learned Government
Advocate, who takes notice for the respondents.
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3. By consent of both sides, this Writ Petition is taken up for final
disposal at the admission stage itself.
4. It is seen from the affidavit and the typed set of papers, the
petitioner filed a civil suit for partition in O.S.No. 302 of 2010 on the file
of District Munsif Court, Musiri, against one Sanmugam and 11 others.
In the suit, final decree was passed in I.A.No.1019 of 2011 allotting the
subject property in favour of the petitioner. Subsequently, the petitioner
filed execution petition and the subject property was taken possession by
him through Court on 22.03.2017. Recording the delivery, the Execution
Petition filed by the petitioner in E.P.No.2 of 2015 was terminated on
13.04.2017. Thereafter, the petitioner submitted a representation before
the respondents on 19.04.2025 and the same has not been considered.
Hence, the petitioner has approached this Court.
5. The learned Government Advocate appearing for the
respondents would submit that the petitioner did not make a proper
online application and therefore, her request has not been considered.
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6. In view of the same, without expressing any opinion on the
merits of the matter, the petitioner is directed to file proper online
application with necessary documents and produce acknowledgment
with the first respondent within a period of two weeks from the date of
receipt of a copy of this order. On receipt of the application, the
respondents 1 and 2 are directed to consider the online application and
pass final orders on its own merits within a period of eight weeks
thereafter, after issuing notice to the petitioner, neighbouring land
owners and other interested parties.
7. With the above direction, this Writ Petition is disposed of.
No costs.
25.06.2025
NCC : Yes/No Index : Yes/No Internet : Yes/No LS
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To
1. The Tahsildar, Musiri Taluk, Trichy District.
2. The Head Surveyor, Musiri Taluk, Trichy District.
3. The Firka Surveyor, Serukudi Village, Musiri Taluk, Trichy District.
4. The District Munsif Court, Musiri
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S.SOUNTHAR,J
LS
Dated: 25.06.2025
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