Babu v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 20413 of 2025 Babu ... Petitioner Vs 1.The Tahsildar, Namakkal Taluk, Namakkal.

2.The Head Surveyor, Namakkal Taluk, Namakkal.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the 1st and 2nd respondent to conduct survey lay boundaries and issue fresh patta to the petitioner land and building situated at Keeramboor Village, Namakkal Taluk, Namakkal District, bearing old survey No.315/ 1 and new survey No.409/6, on the basis of the online application cum challan No.20250519002755 dated 19.05.2025.

For Petitioner(s) : Mr.S.Venkatesh For Respondent(s) : Mr. A.Selvendran, Spl.G.P

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed for issuance of Writ of Mandamus, to direct the 1st and 2nd respondents to conduct survey lay boundaries and issue fresh patta to the petitioner land and building situated at Keeramboor Village, Namakkal Taluk, Namakkal District, bearing old survey No.315/ 1 and new survey No.409/6, on the basis of the online application cum challan No.20250519002755 dated 19.05.2025.

3. Learned counsel for the petitioner submitted that the petitioner is the absolute owner of the land and building comprised in Old S.No.315/1, New S.No.409/6, measuring an extent of 3993 1⁄4 sq.ft. situated at Keeramboor Village, Namakkal Taluk, Namakkal District. Title documents in respect of the above property shows the extent of land as 3993 1⁄4 sq.ft.,

whereas in patta issued in favour of his father, the extent was shown only as 2390 sq.ft. comprising building alone, without taking into account the remaining land. Therefore, the petitioner approached the 1st respondent to rectify the patta issued in the name of his father and also to issue fresh patta in his name. The 1st respondent instructed him to seek survey of land and building and get a report from the 2nd respondent, to rectify the mistake stated to have crept in the patta and issue fresh patta. Hence, the petitioner made an online application dated 19.05.2025 before the 2nd respondent for survey/measurement and fixing the boundaries of his property after surveying his lands, but the same is kept pending till date without conducting survey. It is the grievance of the petitioner that unless the discrepancy in patta standing in his father's name is rectified and fresh patta issued in his name, the petitioner would not be able to settle the above said property in favour of his son. Hence, the petitioner has come forward with the present writ petition.

4. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's online application

dated 19.05.2025 and carry out a survey, demarcate the subject property and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the writ petition stands disposed of with the direction to the respondents to consider petitioner's online application dated 19.05.2025 and carry out a survey, demarcate the subject property and complete the process within a period of eight (8) weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. 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. No costs. 13.06.2025 Index:yes/no Internet:yes/no msr

To 1.The Tahsildar, Namakkal Taluk, Namakkal.

2.The Head Surveyor, Namakkal Taluk, Namakkal.

MOHAMMED SHAFFIQ, J.

msr WP NO. 20413 of 2025 13-06-2025