M.Arul v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mr.M.Arul ... Petitioner Vs.
1.The Tahsildar, Taluk Office, Cheyyur, Kanchipuram District - 603301.
2.The Additional Director, Survey and Land Records, Commissionerate of Survey and Settlement, Kancheepuram -631501
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to survey the boundary of the residential property and issue the patta comprised in the survey numbers 401/1A2A1A, admeasuring an extent of 0-7.85 cents situated at Pondur Village, Cheyyur Taluk, Chengalpattu District respectively with the territorial jurisdiction of the State of Tamil Nadu. For Petitioner(s) : Mr.K.Manikandan For Respondent(s) : Mr.A.Selvendran Special Government Pleader 1/6
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to survey the boundary and issue patta in respect of the residential property comprised in the survey numbers 401/1A2A1A, admeasuring an extent of 0-7.85 cents situated at Pondur Village, Cheyyur Taluk, Chengalpattu District.
3. It is submitted by the learned counsel for the petitioner that the petitioner purchased the subject property vide sale deed No.3586 of 2010. The Revenue Department, Cheyyur Taluk, Chenagalpattu District issued joint patta in Patta No.336 in respect of subject property. Thereafter, the petitioner submitted online application dated 29.08.2024 to survey boundary of the subject property and has also paid necessary charges. The petitioner has also filed online application dated 29.08.2024 seeking sub division of patta in respect of the subject property. However, the said applications were not considered by the respondents. Hence, the petitioner again submitted a representation dated 09.10.2024 before the first respondent to survey and issue sub division of patta 2/6
in respect of the subject property. The said representation is still pending. Hence the petitioner has filed the present writ petition.
4. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's application dated 29.08.2024 and survey the boundary of 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 petitioners.
5. It was further submitted by the learned Special Government Pleader that the application dated 29.08.2024 made by petitioner seeking issuance of sub division of patta would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioners.
6. In view thereof, there shall be a direction to the respondents to consider petitioner's application dated 29.08.2024 and survey the boundary of the subject property and complete the process within a period of 12 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy giving prior notice to the petitioner, adjacent land owners and other interested 3/6
parties including rival claimants if any.
7. As regards issuance of sub division of patta, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents, to consider the application dated 29.08.2024, seeking issuance of sub division of patta, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy.
8. 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 case on its own merits and in accordance with law.
9. Accordingly, this writ petition stands disposed of. No costs. 16.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6
To:
1.The Tahsildar, Taluk Office, Cheyyur, Kanchipuram District - 603301.
2.The Additional Director, Survey and Land Records, Commissionerate of Survey and Settlement, Kancheepuram -631501 5/6
MOHAMMED SHAFFIQ, J.
mrn 16.06.2025 6/6