Pitchaipillai v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Pitchaipillai ... Petitioner Vs.
1. The District Collector, Kunnam Taluk, Perambalur District.
2. The Tahsildar, Kunnam Taluk, Perambalur District.
3. The Taluk Head Surveyor, Kunnam Taluk, Perambalur District.
... Respondents Prayer : This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the respondents to survey the land of the Petitioner's son in S.No. 226/3B to an extent of 27 cents, situated at Vasistapuram Village, Kunnam Taluk, Perambalur District based on the application of the Petitioner's son dated on 11.05.2024 and 04.09.2024 and consequently sub divide the patta in favour of the Petitioner.
For Petitioner :
Mr. M.R.Elavarasan For Respondents :
Mr. A.Selvendran, Special Government Pleader
O R D E R
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 the land of the Petitioner's son in S.No. 226/3B to an extent of 27 cents, situated at Vasistapuram Village, Kunnam Taluk, Perambalur District based on the application of the Petitioner's son dated 11.05.2024 and 04.09.2024 and consequently sub divide the patta in favour of the Petitioner.
3. At the outset, Learned Special Government Pleader for the respondents would submit that they would consider the applications dated 11.05.2024 and 04.09.2024 and conduct survey and mark boundaries and to
issue separate patta in respect of the subject property, within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.
4. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) The respondents shall consider the applications dated 11.05.2024 and 04.09.2024 in accordance with law, after issuing notice to petitioner, his son adjacent land owner 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 to call for any document/conduct enquiry, to satisfy itself of petitioner's entitlement for requesting survey of subject property.
iii) As far as issuance of separate patta, the authority shall independently consider the facts and law set out in the applications dated 11.05.2024 and 04.09.2024 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.
iv) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
v) 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. No costs.
08.08.2025 Index: Yes/No Speaking /Non-speaking order Internet : Yes/No Maya
MOHAMMED SHAFFIQ, J.
Maya To
1. The District Collector, Kunnam Taluk, Perambalur District.
2. The Tahsildar, Kunnam Taluk, Perambalur District.
3. The Taluk Head Surveyor, Kunnam Taluk, Perambalur District.
Dated : 08.08.2025