M.Nayinar v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Nayinar ... Petitioner(s) Vs.
1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Krishnagiri District.
2.The Tahsildar, Tahsildar Office, Krishnagiri Taluk, Krishnagiri District.
3.The Head Surveyor, Krishnagiri Taluk, Krishnagiri District.
... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondent to measure the land comprised in S.No.54/1A, 54/3A in Balekuli-1 Village, Krishnagiri Taluk, Krishnagiri District and earmark the boundaries by considering Application dated 16.11.2022 and directing the 2nd 1/6
Respondent to issue separate patta for the property comprised in S.No. 54/1A, 54/3A in Balekuli-1 Village, Krishnagiri Taluk, Krishnagiri District.
For Petitioner(s) : Mr.M.Vignesh For Respondent(s) : Mr.P.Ganesan for R1 to R3 Government Advocate
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 respondent to measure the land comprised in S.Nos.54/1A, 54/3A, situated at Balekuli-1 Village, Krishnagiri Taluk, Krishnagiri District and to earmark the boundaries by considering petitioner's application dated 16.11.2022 and to direct the 2nd respondent to issue separate patta for the above mentioned property. 3.It is submitted by the learned counsel for the petitioner that petitioner purchased the subject property comprised in S.Nos.54/1A and 54/3A measuring an extent of 1 acre and 33 cents vide Sale Deed dated 2/6
24.07.1972, registered as Document No.1381/1972 before the Sub Registrar Office, Kaveripattinam. Ever since, petitioner has been in continuous possession and enjoyment of property measuring an extent of 1 acre 33 cents, but chitta record wrongly reflects as 17 cents in his name. In this regard, petitioner made an application on 16.11.2022, to the office of the District Taluk Officer, Krishnagiri Taluk to facilitate measurement and to earmark boundaries of petitioner's property and had paid necessary fees for the same. Further, petitioner also made written representation on 14.12.2024 before the 1st respondent. However, no action has been taken by the 1st respondent on the said representation till date. Aggrieved by the same, the present writ petition has been filed. 4.
On this being pointed out, learned Government Advocate would submit that they would carry out a survey and earmark boundaries of the subject property within a time frame to be fixed by this Court and with regard to issuance of patta, petitioner may have to submit a fresh representation to the respondent authorities, which was agreed to by the learned counsel for the petitioner.
5.In view thereof, the writ petition stands disposed of with a liberty 3/6
to petitioner to submit a fresh representation to the respondents for issuance of separate patta. If any such representation is received, the respondents shall consider the same, after affording an opportunity of hearing to petitioner and any other interested parties/rival claimants, if any, and pass appropriate orders in accordance with law, within a period of 16 weeks from the date of receipt of a copy of this order. The respondent authorities are directed to carry out a survey and earmark boundaries of the petitioner's land and complete the 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 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. 27.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No pam 4/6
To 1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Krishnagiri District.
2.The Tahsildar, Tahsildar Office, Krishnagiri Taluk, Krishnagiri District.
3.The Head Surveyor, Krishnagiri Taluk, Krishnagiri District.
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MOHAMMED SHAFFIQ, J.
pam 27.06.2025 6/6