Court directed the Tahsildar to survey land in Krishnagiri based on petitioner's oral partition claim after verifying fee payment, completing within eight weeks.
Direction to Tahsildar to survey land within eight weeks after verifying fee payment and ascertaining co-owners' views.
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W.P.No.8710 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.8710 of 2024
Porappa Gowndar
Petitioner
versus
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, d irecting the concerned respondents to measure the properties in the Survey No.210/3B, at Karadihalli Village, Krishnagiri Taluk & District, as per the oral partition, possession and enjoyment of the petitioner and consider the application for measuring the land dated 03.06.2023.
For Petitioner : Dr.G.Babu
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For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
This Writ Petition has been filed to direct the concerned respondents
to measure the properties in the Survey No.210/3B, at Karadihalli Village, Krishnagiri Taluk & District, as per the oral partition, possession and enjoyment of the petitioner by considering the application of the petitioner dated 03.06.2023.
2 . In respect of the land at S.No.210/3B at Karadihalli Village, Krishnagiri Taluk and District, the petitioner claims that it has been allotted to the petitioner by way of oral partition among the other co-owners and based on which, the petitioner since was allotted the property, he wants to survey the said land and to identify the four boundaries of the petitioner's property for the purpose of getting separate patta. In this regard, the petitioner has already given an application on 03.06.2023 and necessary fee also claimed to have been paid. The said application submitted by the petitioner was in fact forwarded by the first respondent to the Tahsildar concerned, who is the second respondent for taking necessary action.
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3 . Only at this juncture, the petitioner has moved the present Writ
Petition.
4 . Heard Dr.G.Babu, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Additional Government Pleader appearing for the respondents.
5 . Learned Additional Government Pleader would submit that, if
at all the petitioner claims that the property in question has been allotted to the petitioner by way of oral partition, the second respondent Tahsildar by considering the application submitted by the petitioner would issue notice to both the petitioner as well as the other co-owners and after ascertaining their views, if no objection is given by the other co-owners, accepting the oral partition, the second respondent Tahsildar along with the surveyor would survey the land and it would be completed within a time frame that may be stipulated by this Court, he contended.
6 . Having regard to the said stand taken by the learned Additional Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following orders:
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7. With this direction, this Writ Petition is disposed of. No costs.
Speaking order / Non-speaking order 02.04.2024 Index : Yes / No Neutral Citation : Yes / No sri
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To
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W.P.No.8710 of 2024
N.SATHISH KUMAR, J.
sri
W.P.No.8710 of 2024
02.04.2024
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1 issue framed by the court
Whether the Tahsildar is directed to survey land based on oral partition claims after verifying fee payment.
1 provisions across 1 enactments
Porappa Gowndar
The District Collector, Collectorate, Krishnagiri
The Tahsildar, Taluk Office, Krishnagiri
The Firka Surveyor, Periyannan Kottai Village, Krishnagiri Taluk and District
The Village Administrative Officer, Periyannan Kottai Village, Krishnagiri Taluk and District
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
