K.Selvaraj v. The Director Of Survey And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 848 OF 2022 K.Selvaraj S/o.Krishnan, No.244 /90, Ayyasamy Street, Murungapakkam, Tindivanam, villupuram District.
Petitioner(s) Vs
1. The Director of Survey and land Records, Puducherry.
2.The District Collector, Puducherry.
3.The Settlement OIfficer -I, Survey and Land Records, Puducherry.
4.The District Registrar, Puducherry.
5.The Tahsildar, Taluk Office, Villianur, Puducherry.
6.Thandapani Mudaliar, S/o.Manjini Mudalair, Rep. by his Power of Attorney, Murugesa Mudaliar, S/o.Manjini Mudalaiar, No.24, Othavadai Street, Muthiyamudaliarpet, Muthialpet, Pondicherry -3.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents particularly the District
Collector, Puducherry the Directorate of Survey and land Records, puducherry and the Settlment Officer- I Survey and Land Records Puducherry to transfer the patta in respect of the petitioners property in Survey No.93 /1 and extent of 3.50 Acres in Ariyur Village, Puducherry in petitioners name and consequently make an appropriate entry in the Revneu Records of the 5th respondent. For Petitioner(s):
Ms.N.Krishnaveni for Mr.K.Balakrishnan For Respondent(s):
Mr.Ramaswamy Meyyappan, GA for R1 to 5 R6 - No appearance
ORDER
This writ petition has been filed to direct the 3rd respondent to transfer the patta in respect of the petitioners property in Survey No.93 /1 and extent of 3.50 Acres in Ariyur Village, Puducherry in petitioners name.
2. The learned counsel for the petitioner would submit that in this case, the petitioner is in possession of the subject property at Survey No.93/1 and he had also obtained a decree dated 10.04.1980 in OS.No.558 of 1979 in his favour. Without considering the same, now, the patta was issued in the name of 6th respondent. Therefore, a representation was made by the petitioner for transferring the patta in his name. However, the said representation was not at all considered by the respondents till date. Hence, this petition.
3. In reply, the learned counsel for the respondent would submit that the decree obtained in OS.No.588 of 1979 does not cover the subject property, for
which the patta is sought in the present petition. Further, he would suggest the petitioner to, initially, file an application for cancellation of patta before the Settlement Officer - II. Hence, he requests this Court to pass appropriate orders.
4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.
5. In the case on hand, aggrieved over the issuance of patta in the name of 6th respondent, a representation was made by the petitioner for transferring the patta in his name.
6. However, as rightly contended by the respondent, now, the right course available to the petitioner is to file an application for cancellation of patta pertaining to the subject property.
7. Therefore, this Court directs the petitioner to make a suitable application before the Settlement Officer - II for cancellation of patta issued in the name of 6th respondent. Upon filing of such application, the concerned Authority shall issue notice to all the rival parties and thereafter, consider and dispose of the same, on merits and in accordance with law within a period of 12 weeks therefrom.
8. With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petition is also closed. 15-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Director of Survey and land Records, Puducherry.
2.The District Collector, Puducherry.
3.The Settlement OIfficer -I, Survey and Land Records, Puducherry.
4.The District Registrar, Puducherry.
5.The Tahsildar, Taluk Office, Villianur, Puducherry.
Copy to The Settlement Officer II, Survey and Land Records, Puducherry.
KRISHNAN RAMASAMY J.
nsa 15-04-2026