Madras High Court
Punniyamorthy vs The Tahsildar on 4 August, 2022
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.22655 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.22655 of 2021
Punniyamorthy ... Petitioner
Vs.
1. The Tahsildar,
Thiruvaiyar Taluk,
Thanjavur District.
2. The Head Surveyor,
Thiruvaiyar Taluk,
Thanjavur District.
3. Ramachandran
4. Balasubramanian
(R-3 & R-4 are impleaded vide Order dated
04.08.2022 in W.M.P.(MD)No.282 of 2022)
... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing
the respondents to survey the petitioner's land as per the
partition deed registration document No.30/1997 dated
31.12.1997, Sub Registrar Office, Thiruvaiyar, Thanjavur
District, place the survey stones comprised in Natham Survey
No.402A/1 as per natham patta survey No.464/9 east-west
including Santhu south 16¾ , north 16, south-north 100 feet
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2 W.P.(MD)NO.22655 OF 2021
total 1637½ sq.ft. and east punjai survey No.402A/4 now
natham house site patta survey No.464/8, east-west half share
in eastern side wall, north 7, south 9¼, south-north 100 feet
total 812½ sq.ft and adjoining northern natham survey
No.402A/1 as per natham house site patta survey No.464/9,
east-west, northern side 20, southern site 23, south-north 165
total 3,547 ½ sq.ft and total 5997 ½ sq.ft. Extent of property
measuring situated in Thiruppalanam Village, Thiruvaiyar
Taluk, Thiruvaiar Sub Registration District, Thanjavur
Registration District within a time frame as fixed by this
Court.
For Petitioner : Mr.G.Manikandan
For R-1 & R-2 : Mr.K.Balasubramani,
Special Government Pleader.
For R-3 & R-4 : Mr.G.Mohan Kumar
***
ORDER
Heard the learned counsel on either side.
2. The writ petitioner and the impleaded respondents are brothers. Partition took place among them on 31.12.1997 and the same was reduced into writing and registered. The petitioner now wants survey to be done based on the partition https://www.mhc.tn.gov.in/judis 2/5 3 W.P.(MD)NO.22655 OF 2021 deed so that patta can be obtained in his individual name.
3. The learned counsel appearing for the impleaded respondents points out that the partition deed includes not only the land covered by the revenue patta but also natham land in their physical possession. The partition deed talks of 11,363 sq.ft. It is now conceded that out of this, 10763 sq.ft. would be covered by patta and remaining extent would be natham. The impleaded respondents therefore propose that the survey will have to be done only in respect of the patta land. This is because in respect of the natham land, they will have to apply separately and obtain patta. In paragraph No.7 of the counter affidavit , the following averments are found:-
“ I state that the only remedy is that the additional extent be equally reduced in the separate patta that may be issued or patta be issued based on the actual possession of patta land. In any event petitioner cannot be issued patta based on the partition deed. ” https://www.mhc.tn.gov.in/judis 3/5 4 W.P.(MD)NO.22655 OF 2021
4. The learned counsel appearing for the petitioner has no objection for the course of action suggested by the learned counsel for the impleaded respondents. The official respondents are therefore directed to issue notice to the writ petitioner and the impleaded respondents and conduct survey based on the consensus arrived at between the parties. Therefore the first respondent also shall issue individual patta based on the aforesaid consensus. This writ petition stands disposed of. No costs.
04.08.2022
Index : Yes / No
Internet : Yes/ No
PMU
To:
1. The Tahsildar,
Thiruvaiyar Taluk,
Thanjavur District.
2. The Head Surveyor,
Thiruvaiyar Taluk,
Thanjavur District.
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PMU W.P.(MD)No.22655 of 2021 04.08.2022 https://www.mhc.tn.gov.in/judis 5/5