R.Palak v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Palak, 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 first and second 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.28, 29, 30, 31 and 62 having an total area of 5840 sq.ft based on the petitioner's application vide Challan No.2022/0105/03/385753 dated 04.11.2022. 1/5

For Petitioner : Mr.P.Sarveswaran For Respondents : Mr.S.Balamurugan 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 first and second respondents to survey and sub divide and issue a separate Patta based on the petitioner's online application dated 04.11.2022.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in S.No.499/2B2 in SMA Garden, VIP City, in respect of the Vacant Plot Nos.28, 29, 30, 31, 62 admeasuring 5840 sq.ft., situated at Palaiyaseevaram Village, Walajabad Sub Division, Walajabad Taluk, Kanchipuram District. It is submitted that as on date the petitioner is in peaceful possession and enjoyment of the subject property. 2/5

3.1. It is stated that at the time of the sale, the petitioner was a minor and the sale was effected vide a Sale Deed dated 21.08.2020 registered as Doc.No.2668 of 2020. The petitioner had thus taken out an application on 04.11.2022 vide Challan No.2022/0105/03/385753 and paid necessary fees to the second respondent for surveying, sub dividing, and for issuance of separate Patta over the subject property. However, no action was taken by the second respondent so far. Hence, this writ petition.

4. On this being pointed out, the learned Government Advocate for the respondents would submit that they would consider the petitioner's online application dated 04.11.2022 and 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.

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 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 3/5

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. 02.07.2025 Speaking (or) Non Speaking Order arb To 1.The Tahsildar, Walajabad Taluk, Kancheepuram District.

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

4/5

MOHAMMED SHAFFIQ, J.

arb 02.07.2025 5/5