A.Padma v. The Commissioner Of Survey And Settlement
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.21289 of 2025 and W.M.P.No.24028 of 2025 A.Padma ... Petitioner(s) Vs.
1. The Commissioner of Survey and Settlement, Survey House, Chepauk, Chennai 600 005.
2. The District Collector, Salem District, Salem.
3. District Revenue Officer, Salem District, Salem.
4. The Tahsildar, Salem District.
5. The Taluk Surveyor, Salem City, Salem.
6. M/s.East West Realty Developers Pvt., Ltd., Rep. by its Director, Mr.Sridharan Gavya, Sarveshwaran Towers, 7, Sagadevapuram Extension, 1/7
Salem 636 007.
... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 5 to measure petitioner's property and issue Patta situated in Survey No.215, Ward-C, Block 3, Veerasavagar Road, Sivasamburam (Extension), Salem Village and Town, Alagamputhure, Sooramangalam, Salem District. For Petitioner(s) : Ms.V.Srimathi For R1 to R5 : Mr.P.Sathish Additional Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 6th respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 to 5 to measure petitioner's property and issue Patta situated in Survey No.215, Ward-C, Block 3, Veerasavagar Road, Sivasamburam (Extension), Salem Village and Town, Alagamputhure, Sooramangalam, Salem District.
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3. It is submitted by the learned counsel for the petitioner that the petitioner purchased the property comprised in Survey No.215, admeasuring 5642 sq.ft., situated in Ward-C, Block 3, Veerasavagar Road, Sivasamburam (Extension), Salem Village and Town, Alagamputhure, Sooramangalam, Salem District, from one Jayaraman by way of a sale deed dated 24.08.1994. It is further submitted that pursuant to the purchase, petitioner is in possession and enjoyment of the subject property till date.
3.1. It is submitted by the learned counsel for the petitioner that the petitioner with the intention of development of the subject property had applied before the Revenue and Disaster Management Department seeking measurement of the petitioner's property and subsequently to issue patta and had paid appropriate fees to the Salem City Municipal Corporation as early as on 18.08.2018 and 10.09.2018. It is further submitted that the petitioner submitted a request/representation on 13.05.2025 seeking measurement and issuance of patta before the Revenue Inspector, Salem. However, till date the respondents have not taken any steps to measure the property and to issue patta. Aggrieved by the same, the present writ petition has been filed before this Court. 3/7
4. The learned Additional Government Pleader appearing for respondents 1 to 5 would submit that they would consider the petitioner's request/representation dated 13.05.2025, carry out a survey 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.
4.1. It is further submitted by the learned Additional Government Pleader that the petitioner must submit an online application for issuance of patta, in order for the authorities to process the petitioner's request.
5. When this was pointed out, the learned counsel for the petitioner would seek liberty of this Court to take out an online application and would request that the above application which is to be taken out by the petitioner may be disposed of within a time frame to be fixed by this Court, which was agreed to by the learned Additional Government Pleader.
6. In view thereof, the writ petition stands disposed of with the direction to the respondents to consider the petitioner's request/representation dated 13.05.2025, to carry out a survey and complete the said process within a period of 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 4/7
including rival claimants if any. It is open to the petitioner to take out an online application for issuance of patta. If any such application is taken out by the petitioner, the same shall be considered and appropriate orders shall be passed by the concerned respondent within a period of 12 weeks from the date of receipt of the online application. 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. Consequently, connected miscellaneous petition is closed. 17.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 5/7
To:
1. The Commissioner of Survey and Settlement, Survey House, Chepauk, Chennai 600 005.
2. The District Collector, Salem District, Salem.
3. District Revenue Officer, Salem District, Salem.
4. The Tahsildar, Salem District.
5. The Taluk Surveyor, Salem City, Salem.
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MOHAMMED SHAFFIQ, J.
spp W.P. No.21289 of 2025 17.06.2025 7/7