R.Pawan Kumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Pawan Kumar, S/o.Ramesh Kumar ... Petitioner Vs.

1.The Tahsildar, Walajabad Taluk, Kancheepuram District.

2.The Assistant Director, Land Survey Records, District Land Survey Department, Kancheepuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to survey, sub divide, issuing of separate patta and marking of boundary stones of the land belonging to the petitioner in Kanchipuram District, Walajabad Sub Division, Walajabad Taluk, No.174, Palaiyaseevaram Village, Patta No.1563, bearing Survey No.499/2B2 in SMA Garden of VIP City, in this extent Vacant Plot Nos.36, 37, 38, 71, 72 having an total area of 5840 sq.ft based on the petitioner's application vide Challan No.2022/0105/03/385743 dated 04.11.2022. For Petitioner : Mr.J.Andrea Anjalin 1/6

For Respondents : Mr.A.Selvendran Special 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.

2. The present Writ Petition is filed praying for a Writ of Mandamus, to direct the respondents to survey, sub divide, to issue separate patta and to mark boundary stones of the vacant plot Nos.36, 37, 38, 71 and 72 (Patta No.1563) bearing S.No.499/2B2, measuring an extent of 5840 sq.ft., in SMA Garden of VIP City, No.174, Palaiyaseevaram Village, Walajabad Sub Division, Walajabad Taluk, Kanchipuram District, based on the petitioner's application vide Challan No.2022/0105/03/385743 dated 04.11.2022.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the subject property by virtue of a Sale Deed dated 21.08.2020 registered as Doc.No.2666 of 2020. It is submitted that as on date petitioner is in peaceful possession and enjoyment of the subject property. 3.1. It is further submitted by the learned counsel for the petitioner that the 2/6

petitioner purchased the above property from one Papaayiammal through her Power of Attorney K.Rajesh, registered on the file of the Sub Registrar, Walajabad. While so, petitioner made an online application on 04.11.2022 vide Challan No.2022/0105/03/385743 and paid necessary fees to the 2nd respondent for surveying, sub dividing, for issuance of separate Patta and for marking of boundaries over the subject property. However, the same is stated to be kept pending and nothing has been progressed by the 2nd respondent so far. Hence, this writ petition.

4. On this being pointed out, the learned Special Government Pleader for the respondents would submit that they would consider the petitioner's online application dated 04.11.2022 and carry out a survey, sub divide the subject property, issue separate patta, place boundary stones 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, this Writ Petition stands disposed of with a direction to the respondents to consider the petitioner's online application dated 04.11.2022 and carry out a survey and complete the process within a period of eight (8) weeks from 3/6

the date of uploading of web copy without waiting for the receipt of certified copy, after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. Concerned respondent would also consider petitioner's request for sub-division and issuance of separate patta and pass appropriate orders in accordance with law after issuing notice to the petitioner and other interested parties, if any, within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 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. 15.07.2025 Speaking (or) Non Speaking Order arb 4/6

To 1.The Tahsildar, Walajabad Taluk, Kancheepuram District.

2.The Assistant Director, Land Survey Records, District Land Survey Department, Kancheepuram.

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MOHAMMED SHAFFIQ, J.

arb 15.07.2025 6/6