Mr.Vijay Anand v. The Sub - Collect Cum Revenue District Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mr.Vijay Anand : Petitioner Vs.
1.The Sub-Collector cum Revenue District Officer, Mettur, Salem District.
2.The Tahsildar, Omalur Taluk, Salem District.
3.The Land Surveyor, Omalur Taluk, Salem District.
4.The Inspector of Police, Omalur Police Station, Omalur Taluk, Salem District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the second respondent to issue separate patta by surveying the lands comprised in S.No.74/1A1A1A1, Kottamettupatti Village, Omalur Taluk, Salem District vide Challan No.2025/0123/08/010977 dated 22.06.2025 in the name of the petitioner and pass orders.
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For Petitioner :
Mr.S.Mohan For Respondent :
Mr.S.Balamurugan Government Advocate for R1 to R3 Mr.R.Kishore Kumar Government Advocate (Crl side) for R4
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 second respondent to issue separate patta in the name of petitioner by surveying the lands comprised in S.No.74/1A1A1A1, situated at Kottamettupatti Village, Omalur Taluk, Salem District by considering his representation dated 22.06.2025
3. At the outset, it is submitted by Mr.S.Balamurugan, learned Government Advocate for respondents 1 to 3 that they would consider petitioner' representation dated 22.06.2025 and appropriate orders would be passed within a time frame to 2/6
be fixed by this Court, which was agreed to by learned counsel for petitioner.
4. It is further submitted by learned Government Advocate for respondents 1 to 3 that in case police protection is required they would request fourth respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for fourth respondent would submit that if any such request is made adequate police protection will be granted.
5. 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, respondents 1 to 3 shall consider petitioner's representation dated 22.06.2025 seeking survey of the subject property 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 to 3 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property. 3/6
iii) If any such request is made for police protection by respondents 1 to 3, the fourth respondent is directed to provide adequate police protection for conducting the survey.
iv) As regards issuance of patta, the respondents 1 to 3 shall consider the representation dated 22.06.2025 seeking issuance of 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 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 eight (8) 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 4/6
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.
11.08.2025 Speaking (or) Non Speaking Order mrn To 1.The Sub-Collector cum Revenue District Officer, Mettur, Salem District.
2.The Tahsildar, Omalur Taluk, Salem District.
3.The Land Surveyor, Omalur Taluk, Salem District.
4.The Inspector of Police, Omalur Police Station, Omalur Taluk, Salem District.
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MOHAMMED SHAFFIQ, J.
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