Petitioner sought mandamus for joint patta for a house site in Villupuram District. Government reported a boundary measurement discrepancy involving a neighbouring land owner's possession. Court declined positive direction and directed petitioner to seek relief under the Tamil Nadu Survey and Boundaries Act.
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W.P.No.3258 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024
Coram
THE HON'BLE MR JUSTICE N.SATHISH KUMAR
Writ Petition No.3258 of 2024
T.Gothai
..... Petitioner
-Versus-
2.The Tahsildar, Vanur Taluk, Villupuram District.
..... Respondents
Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus to direct the second respondent to survey and issue patta in the joint names of the petitioner and her sister S.Punitha, in respect of their house site comprised in Survey No.30/5, Old Survey No.56/1 of an extent of 1920 sq.ft. bearing Plot No.21 in Sri Venkateswara Nagar in Achcharampattu Village, Vanur Taluk, Villupuram District on the basis of the petitioner's application dated 01.12.2023 within a time frame fixed by this Court.
For Petitioner : Mr.S.Sathia Chandran
For Respondent (s) : Mr.U.Baranidharan, Additional Government Pleader
ORDER
W.P.No.3258 of 2024
This writ petition has been filed seeking a writ in the nature of mandamus directing the 2nd respondent to survey and issue patta in the joint names of the petitioner and her sister S.Punitha, in respect of the house site of the petitioner comprised in Survey No.30/5, Old Survey No.56/1 of an extent of 1920 sq.ft. bearing Plot No.21 in Sri Venkateswara Nagar in Achcharampattu Village, Vanur Taluk, Villupuram District on the basis of the petitioner's application dated 01.12.2023 within a time frame fixed by this Court.
housing site measuring 1920 square feet comprised in Plot No.21 at Sri Venkateswara Nagar in S.No.30/5 (Old S.No.56/1) situated at Achcharampattu Village, Vanur Taluk, Villupuram District by way of sale deed dated 02.09.2023 from one D.Ramadoss which was registered as Doc.No.1172 of 1993 on the file of the Sub Registrar, Vanur. While so, the property was settled by her mother under a registered settlement deed dated 12.01.2015 vide Doc.No.167 of 2015 on the file of the Sub Registrar, Vanur, in favour of her (petitioner) and her sister and as such she became the owner of the property. Thereafter , she along with her sister made an application seeking grant of joint patta. The grievance of the petitioner is that her application for joint patta has
W.P.No.3258 of 2024
not been considered so far. Hence, the present writ petition.
would, on instructions, submit that the application of the petitioner for joint patta was considered and as there was a discrepancy found in the boundary and the total extent and unless the lands of neighbouring land owners are measured and the discrepancy found is sorted out, patta as sought by the petitioner cannot be granted. The learned Additional Government Pleader would further submit that a communication in this regard has already been sent to the petitioner. He has also produced a copy of the above said communication for the perusal of the court.
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patta as there was discrepancy found in respect of measurement on the north and south side of the petitioner's property during survey. Let the petitioner file a proper suit under the Tamil Nadu Survey and Boundaries Act, 1923 by impleading the neighbouring land owners as defendant so that entire land can be surveyed and thereafter patta can be issued by the Tahsildar concerned in respect of the exact extent of land over which the petitioner and her sister have title.
The writ petition is disposed of accordingly with the above directions. No costs.
01..04..2024
Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order kmk
To
2.The Tahsildar, Vanur Taluk, Villupuram District.
W.P.No.3258 of 2024
N.SATHISH KUMAR.J.,
kmk
W.P.No.3258 of 2024
01..04..2024
1 issue framed by the court
Whether a mandamus can be issued to grant joint patta where survey reveals a boundary discrepancy involving third-party possession?
2 provisions across 2 enactments
T.Gothai
The District Collector, Villupuram District, Villupuram
The Tahsildar, Vanur Taluk, Villupuram District
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
