R.Beula Mercy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Buela Mercy : Petitioner Vs.

1.The District Collector, Kancheepuram District 2.The Tahsildar, Kundrathur Taluk, Kancheepuram District 3.The Head Surveyor, Kundrathur Taluk, Kancheepuram District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing respondents 2 and 3 to survey, demarcate and issue patta to the petitioner's property in S.Nos.108/4 and 108/5B1 an extent of 1760 sq.ft. at Salamangalam Village, Kundrathur Taluk, Kancheepuram District.

For Petitioner :

Mr.P.Rajesh Babu For Respondents :

Mr.A.Selvendran, Special Government Pleader 1/6

ORDER

The present writ petition is filed praying for a writ of mandamus to direct respondents 2 and 3 to survey, demarcate and issue patta to the petitioner's property in S.Nos.108/4 and 108/5B1 measuring an extent of 1760 sq.ft. situated at Salamangalam Village, Kundrathur Taluk, Kancheepuram District.

2. It is submitted by the learned counsel for the petitioner that the petitioner purchased the subject property from one D.Gopal, vide registered sale deed under Doc.No.6791/2019 dated 16.09.2019, on the file of the Sub Registrar, Sriperumputhur, Kancheepuram District. Thereafter, the petitioner submitted two applications vide applications dated 23.08.2022 and 15.12.2022 to obtain E-patta in respect of the subject property. However, the said applications were not considered by respondents 2 and 3 so far. Subsequently, the petitioner submitted an online application on 09.01.2023 to survey and demarcate the subject property and has paid necessary fees. However, the same was not considered so far. Hence, the petitioner has filed the present writ petition. 2/6

3. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's application dated 09.01.2023 and carry out survey and demarcate 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 petitioner.

4. It was further submitted by the learned Special Government Pleader that applications dated 23.08.2022 and 15.12.2022, made by petitioner seeking issuance of E-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 petitioner.

5. In view thereof, there shall be a direction to the respondent Nos.2 and 3 to consider petitioner's application dated 09.01.2023 and carry out a survey and demarcate the subject property and complete the process within a period of twelve

(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 parties including rival claimants if any. 3/6

6. As regards issuance of E-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 respondent Nos.2 and 3, to consider the applications dated 23.08.2022 and 15.12.2022, seeking E-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.

7. 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.

8. According, the writ petition stands disposed of. No costs. 30.06.2025 Speaking (or) Non Speaking Order mrn 4/6

To 1.The District Collector, Kancheepuram District 2.The Tahsildar, Kundrathur Taluk, Kancheepuram District 3.The Head Surveyor, Kundrathur Taluk, Kancheepuram District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 30.06.2025 6/6