The Madurai Bench of the Madras High Court dismissed a writ petition seeking a direction to survey property No.24. The court held the petitioner's representation was contrary to the assignment patta, which was for a different plot, and found no merit in the petition.
The writ petition was dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.4291 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2020 CORAM THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.4291 of 2016
S.Pavalakodi : Petitioner
vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Tahsildar-cum-Special Tahsildar, Ad-Dravidar Welfare, Tahsildar Office, Sankarankovil, Tirunelveli District. : Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to survey the petitioner house site property No.24 in Block No.184/1 in Palankottai Village, Tirunelveli District and to fix all four boundaries as per the petitioner assignment patta, dated 22.07.1994 within the time as may be stipulated by this Court.
For Petitioner :Mr.P.M.Vishnuvarthanan For R1and R2 :Mr.C.Ramar Additional Government Pleader
O R D E R
This Writ Petition is filed for a direction to the second respondent to to survey the petitioner house site property No.24 in Block No.184/1 in Palankottai Village, Tirunelveli District and to fix all four boundaries as per the petitioner assignment patta, dated 22.07.1994 within the time as may be stipulated by this Court.
2.In the entire affidavit filed in support of this petition, the petitioner has not explained the discrepancy between the assignment and her claim in respect of the property, namely, Plot No.24. The petitioner produced before this Court, the copy of assignment for Plot No.23 issued by the Tahsildar, dated 27.07.1994. The petitioner has also produced before this Court, the house tax receipt and other documents relating to Plot No.24. The petitioner has not given any explanation, as to how she can put up construction in Plot No.24, even though the assignment in her favour was in respect of Plot No.23.
3.The representation of the petitioner is contrary to the order of assignment issued in favour of the petitioner. Therefore, https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.4291 of 2016
the petitioner is not entitled to any relief in respect of Plot No.24 on the basis of the assignment patta given to the petitioner on 27.07.1994. This Court find no merit in the Writ Petition. Accordingly, this Writ Petition is dismissed. No costs.
Assistant Registrar ()
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
cmr To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Tahsildar-cum-Special Tahsildar, Ad-Dravidar Welfare, Tahsildar Office, Sankarankovil, Tirunelveli District. +1 CC to SPL.GP ( SR-7789[F] dated 24/02/2020 )
W.P.(MD)No.4291 of 2016 21.02.2020
VB(05.03.2020) 2P 4C
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2 issues framed by the court
Whether the petitioner is entitled to a direction to survey Plot No.24 based on an assignment patta dated 27.07.1994 for Plot No.23.
Whether the discrepancy between the assignment for Plot No.23 and the claim regarding Plot No.24 vitiates the evidence in support of the petition.
1 provisions across 1 enactments
S. Pavalakodi
The District Collector, Tirunelveli District
The Tahsildar-cum-Special Tahsildar, Ad-Dravidar Welfare
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
