V.Vijayan v. The Tashildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Vijayan : Petitioner Vs.
1.The Tahsildar, Thiruvannamalai Taluk Office, Thiruvannamalai, Thiruvannamalai District.
2.The Head Surveyor, Thiruvannamalai Taluk Office, Thiruvannamalai, Thiruvannamalai Ditrict.
3.The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai, Thiruvannamalai District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 and 2 to conduct the survey of the boundaries cum issuance of patta for full extent to the property measuring 0.22 1/2 cents in Survey No.64/2B4A1 situated at Etchankuppam Village, Tiruvannamalai Taluk as per the online application Ref.No.2025/0123 /06/011501 dated 12.02.2025 by considering the representation of the petitioner dated 20.06.2025 with the aid of the third respondent within the time frame fixed 1/7
by this Court and pass orders.
For Petitioner : Mr.S.Elumalai For Respondent :
Mr.P.Sathish, Additional Government Pleader for R1 and R2 Mr.R.Venkatesaperumal Government Advocate (Crl side) for R3
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 respondents 1 and 2 to conduct survey of the boundaries and issuance of patta for the full extent of the property comprised in Survey No.64/2B4A1 measuring an extent of 0.22-1/2 cents situated at Etchankuppam Village, Tiruvannamalai Taluk as per the online application Ref.No.2025/0123/06/011501 dated 12.02.2025 by considering the representation of the petitioner dated 20.06.2025 with the aid of the third respondent within the time frame fixed by this Court.
3. It is submitted by the learned counsel for the petitioner that petitioner is 2/7
the owner of the subject property. Hence, he submitted an online application dated 12.02.2025 seeking survey of the boundaries in the subject property. However, the second respondent without conducting survey, sub divided the lands and issued patta in the name of the petitioner only in respect of 0.13 cents. Hence, the petitioner submitted a representation dated 20.06.2025 before the first respondent seeking survey of the boundaries and issuance of patta in favour of the petitioner for the entire extent of the property i.e. 0.22-1/2 cents. However the said representation has not been considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.
4. At the outset, it is submitted by P.Sathish, learned Additional Government Pleader for respondents that they would consider the petitioner's online application dated 12.02.2025 and representation dated 20.06.2025 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. It is further submitted by the learned Additional Government Pleader for respondents 1 and 2 that in case police protection is required they would request 3/7
the 3rd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Venkatesaperumal, appearing for the 3rd respondent would submit that if any such request is made adequate police protection will be granted.
6. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) As regards survey, the respondents 1 and 2 shall consider the petitioner's application/representation dated 12.02.2025 and 20.06.2025 seeking survey of the boundaries, and pass orders in accordance with law, after issuing notice to the petitioner, adjacent land owners and all other interested parties including rival claimants, if any.
ii) Though facts have been set out extensively in the affidavit, this court does not propose to deal with it while leaving it open to the respondents 1 and 2 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.
iii) If any such request is made by the respondents 1 and 2, the third respondent is directed to provide adequate police protection for conducting the survey.
iv) As regards issuance of patta, the respondents 1 and 2 shall consider the application/representation dated 12.02.2025 and 20.06.2025 seeking issuance of 4/7
patta, after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any.
v) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation/application and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.
vi) The entire process shall be completed within a period of twelve (12) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
vii) 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. Rights and contentions of the petitioner and all other interested parties are left open.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
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30.07.2025 Speaking (or) Non Speaking Order mrn To 1.The Tahsildar, Thiruvannamalai Taluk Office, Thiruvannamalai, Thiruvannamalai District.
2.The Head Surveyor, Thiruvannamalai Taluk Office, Thiruvannamalai, Thiruvannamalai Ditrict.
3.The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai, Thiruvannamalai District.
MOHAMMED SHAFFIQ, J.
(mrn) 6/7
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