Petitioner sought mandamus directing revenue authorities to remove encroachment and issue separate patta for a plot. Court held that as the 6th respondent claims title over the disputed property and the land was sold in an unapproved housing plot, the matter must be resolved by a civil forum. Writ petition dismissed.
Writ petition dismissed. No order as to costs.
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W.P.No.9456 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.9456 of 2021 and
W.M.P. No.10045 of 2021 in W.P. No.9456 of 2021
G.Selvamani
... Petitioner
vs
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W.P.No.9456 of 2021
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made in Survey No.26/2, Ibrahim Colony, No.119, Kattikanapalli Village, Krishnagiri, Krishnagiri District and to sub-divide and issue of separate patta for the land (housing site) measuring to an extent of 1400 sq. ft. comprised in Survey No.26/2, Ibrahim Colony, No.119, Kattikanapalli Village, Krishnagiri, Krishnagiri District, by considering the petitioner's representation dated 05.02.2021 within a time frame as stipulated by this Court.
For Petitioner : Mr.Jerry V.V.Sundar for Mr.J.Ramesh
For Respondents : Mr.V.Ravi, Special Government Pleader for R1 to R5 Ms.M.P.Bharathi for Mr.Ezhilarasan for R6
ORDER
[Order of the Court was made by K.RAJASEKAR, J .,]
This writ petition has been filed for the issuance of a writ of mandamus to direct respondents 1 to 3 to remove the encroachment made in Survey No.26/2, Ibrahim Colony, No.119, Kattikanapalli Village, Krishnagiri, Krishnagiri District and to sub-divide and issue of
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separate patta for the land (housing site) measuring to an extent of 1400 sq. ft. comprised in Survey No.26/2, Ibrahim Colony, No.119, Kattikanapalli Village, Krishnagiri, Krishnagiri District, by considering the petitioner's representation dated 05.02.2021.
road which was ear marked in the property and those areas were also encroached by R6.
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respondent to inspect the subject property after giving notice to the petitioner and file a report regarding any encroachment in the property. Pursuant to the orders of this Court, the first respondent/Tahsildar conducted the inspection and filed a report.
'4. It is submitted that the land Survey Number 26/2 measuring 0.37.36 Hectare of Kattikanapalli village at present stands registered in the name of Petitioner Thirumathi.G.Selvamani and 6th respondent Govindan (a) Govindasamy and 5 others in the Revenue/Government records. It is a joint patta (Patta Number – 31).
5. It is submitted that the petitioner has purchased 1400 sq feet of land in the S.No.26/2 of Kattikanapalli village in the year 1999 vide Doc. No.91/1999 dated: and the petitioner has not at all occupied and taken possession of the said land. Further it is submitted that the adjacent lands near the petitioner's land are under the possession and enjoyment of the 6th respondent.
6. It is submitted that the 6th respondent objects to transfer the subject matter land in favour of the petitioner. The 6th respondent claims right over the
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petitioner's land.'
the property and the vendor of the petitioner has no right to divide the property and sell the same in favour of the petitioner herein and he has proposed to initiate separate proceedings before the civil Court challenging the sale deed.
submits that the land in Survey No.26/2 has been sold to various persons by converting it into housing plots whereas there is no Page Nos.5/8
W.P.No.9456 of 2021
approved lay out earmarking the specific portion of the properties sold to various persons.
Index : Yes / No Neutral Citation : Yes / No mmi
To
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M.SUNDAR, J., and K.RAJASEKAR, J.,
mmi
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W.P.No.9456 of 2021
W.P.No.9456 of 2021
12.11.2024
Page Nos.8/8
2 issues framed by the court
Whether a writ of mandamus is maintainable to direct revenue authorities to remove encroachment and issue separate patta where title dispute exists.
Whether the court can direct sub-division of undivided joint property where the vendee is in possession and claims title over the entire area.
G.Selvamani
The Tahsildar, Krishnagiri
The Revenue Divisional Officer, Krishnagiri
The District Collector, Krishnagiri
Krishnagiri District Town and Country Planning Authority
G.R.Govendhan
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
