High Court · 2025

W.P.No.28879 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 07.08.2025Coram:THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQW.P.No.28879 of 2025C.Krishnan...PetitionerVersus1.The District Collector, Office of the District Collector, Tiruvannamalai District – 606 604.2.The Tahsildar, Office of the Tahsildar, Kilpennathur, Tiruvannmalai District – 604 601.3.The District Inspector, Division of Land Survey, Office of the Tahsildar, Kilpennathur, Tiruvannamalai District – 604 601.4.The Village Administrative Officer, Panchayat Office, Kothandhavadi Village, Erumpoondi Post, Kilpennathur Taluk, Tiruvannmalai District – 604 601. ...Respondents1/8 https://www.mhc.tn.gov.in/judis W.P.No.28879 of 2025 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to make a survey in the petitioner's land comprised in Old Survey No.53/1, New Survey No.60/1, Old Survey No.53/1, New Survey No.60/3, Old Survey No.53/1 and New Survey No.60/7 and Old Survey No.53/1, New Survey No.60/15 and to allot the petitioner's share by fixing stones and to grant Patta in the petitioner's name for the lands comprised in Old Survey No.53/1, New Survey No.60/15 situated at Erumpoondi Village, Kilpennathur Taluk of Tiruvannmalai District.For Petitioner:Ms.T.AksharaFor Respondents :Mr.P.Ganesan,Government AdvocateORDERBy consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2. The relief sought in this writ petition is to direct the respondents to conduct a survey in the petitioner's land comprised in Old Survey No.53/1, New Survey No.60/1; Old Survey No.53/1, New Survey No.60/3; Old Survey No.53/1, New Survey No.60/7 and Old Survey No.53/1, New Survey No.60/15 and to allot the petitioner's share by fixing stones and to grant Patta in the petitioner's name for the lands comprised in Old Survey No.53/1, New Survey No.60/15 admeasuring an extent of 16 Cents out of 27 Cents situated at Erumpoondi Village, Kilpennathur Taluk of Tiruvannmalai 2/8 https://www.mhc.tn.gov.in/judis W.P.No.28879 of 2025District.3. The learned counsel for the petitioner submitted that the petitioner submitted a Representation dated 12.12.2023 before the respondents, requesting them to conduct survey in the subject property and demarcate the petitioner's share by fixing boundary stones and also paid necessary fees. It is further submitted that petitioner filed a Petition dated 29.01.2024 before the 1st respondent, requesting to issue separate Patta in the name of petitioner in respect of the land comprised in Old Survey No.53/1, New Survey No.60/15 admeasuring an extent of 16 Cents out of 27 Cents situated at Erumpoondi Village, Kilpennathur Taluk of Tiruvannmalai District. However, there was no response for the petitioner's Representation dated 12.12.2023 as well as Petition dated 29.01.2024 and hence, petitioner has filed the present writ petition.4. The learned Government Advocate appearing for the respondents submitted that if the petitioner submits two separate Online Applications for the following requests:(i) for conducting survey in the lands comprised in Old Survey No.53/1, New Survey No.60/1; Old Survey No.53/1, New Survey 3/8 https://www.mhc.tn.gov.in/judis W.P.No.28879 of 2025No.60/3; Old Survey No.53/1, New Survey No.60/7 and Old Survey No.53/1, New Survey No.60/15 situated at Erumpoondi Village, Kilpennathur Taluk of Tiruvannmalai District and demarcating the petitioner's share by fixing boundary stones in the said lands.(ii) for issuance of separate Patta in the name of petitioner in respect of the land comprised in Old Survey No.53/1, New Survey No.60/15 measuring an extent of 16 Cents out of 27 Cents situated at Erumpoondi Village, Kilpennathur Taluk of Tiruvannmalai District.and the petitioner pays the necessary fees for the same, the concerned respondent would consider the same, within a time frame to be fixed by this Court.5. The above submission made by the learned Government Advocate for the respondents has been fairly conceded by the learned counsel for the petitioner.6. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions:(i) The petitioner is directed to submit two separate Online Applications for the following requests:(a) for conducting survey in the lands comprised in Old Survey No.53/1, New Survey No.60/1; Old Survey No.53/1, New Survey No.60/3; Old Survey No.53/1, New Survey No.60/7 and Old Survey 4/8 https://www.mhc.tn.gov.in/judis W.P.No.28879 of 2025No.53/1, New Survey No.60/15 situated at Erumpoondi Village, Kilpennathur Taluk of Tiruvannmalai District and demarcating the petitioner's share by fixing boundary stones in the said lands.(b) for issuance of separate Patta in the name of petitioner in respect of the land comprised in Old Survey No.53/1, New Survey No.60/15 measuring an extent of 16 Cents out of 27 Cents situated at Erumpoondi Village, Kilpennathur Taluk of Tiruvannmalai District.and the petitioner is further directed to pay the necessary fees for carrying out the said exercise, within a period of four weeks from the date of uploading of web copy of this order without waiting for the receipt of certified copy of this order. (ii) On submission of such Online Applications by the petitioner, the concerned respondent shall consider the same in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, adjacent land owners and all other interested parties including rival claimants, if any, within a period of 16 weeks from the date of submission of petitioner's Online Applications.(iii) Though facts have been set out extensively in the affidavit, I do not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy themselves of the petitioner's entitlement for requesting survey of subject lands. 5/8 https://www.mhc.tn.gov.in/judis W.P.No.28879 of 2025(iv) The concerned respondent shall independently consider petitioner's Online Application for issuance of separate Patta and pass appropriate orders, in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu Patta Pass Book Rules, 1987. (v) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs.07.08.2025mrr Index : Yes/NoSpeaking Order (or) Non-Speaking OrderTo1.The District Collector,6/8 https://www.mhc.tn.gov.in/judis W.P.No.28879 of 2025 Office of the District Collector, Tiruvannamalai District – 606 604.2.The Tahsildar, Office of the Tahsildar, Kilpennathur, Tiruvannmalai District – 604 601.3.The District Inspector, Division of Land Survey, Office of the Tahsildar, Kilpennathur, Tiruvannamalai District – 604 601.4.The Village Administrative Officer, Panchayat Office, Kothandhavadi Village, Erumpoondi Post, Kilpennathur Taluk, Tiruvannmalai District – 604 601.MOHAMMED SHAFFIQ, J.mrr7/8 https://www.mhc.tn.gov.in/judis W.P.No.28879 of 2025W.P.No.28879 of 202507.08.20258/8