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Madras High CourtWP/30705/2025disposed of

K.Krishnan v. The District Collector

2025-08-21Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Krishnan Petitioner(s) Vs 1.The District Collector, O/o.The District Collectors Office, Dharmapuri, Dharmapuri District.

2.The Tashildar, Kariamangalam Taluk, Dharmapuri District.

3.The Head Surveyor, Kariamangalam Taluk, Dharmapuri District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to conduct a proper survey and demarcation of the petitioner's land situated at Pattanur village, Jakupatti, Kariamangalam Taluk, Dharmapuri District in Survey No.277/7D1A an extent of 0.3.29 cents based on the Patta No.1127 as per the petitioner's application dated 17.5.2025 bearing Receipt No.2025/0123/05/011291 and to issue separate patta to the petitioner based on the petitioner representation dated 19.5.2025.

For Petitioner(s) : Mr.I.Kannapatel For Respondent(s) : Mr.P.Sathish 1/6

Additional Government Pleader

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 directing the respondents to conduct survey of petitioner's land comprised in Survey No.277/7D1A, situated at Pattanur Village, Jakupatti, Kariamangalam Taluk, Dharmapuri District, and issue separate patta to the petitioner.

3. It is submitted by the learned counsel for petitioner that petitioner submitted an online application on 17.05.2025 bearing Receipt No.2025/0123/05/011291 seeking survey of the land comprised in Survey No.277/7D1A, measuring an extent of 0.3.29 cents, situated at Pattanur village, Jakupatti, Kariamangalam Taluk, Dharmapuri District. It is further stated that petitioner submitted a representation on 19.05.2025 before the 1st respondent seeking survey and issuance of separate patta in respect of the subject land, however, respondents have not considered the representation/ application till date. Aggrieved, petitioner has filed the present writ petition.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional 2/6

Government Pleader for respondents that petitioner's application dated 17.05.2025 seeking survey would be considered and appropriate orders would be passed in accordance with law after affording the petitioner and other interested parties a reasonable opportunity of hearing. He would further submit that insofar as petitioner's request for issuance of separate patta is concerned, petitioner may have to submit an online application before the appropriate authority. If any such application is submitted, the same would be considered by the concerned respondents and appropriate orders would be passed in accordance with law. Agreed to by the learned counsel for petitioner.

5. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) The respondent shall consider petitioner's application dated 17.05.2025 seeking survey of subject land in accordance with law, after issuing notice to the petitioner, adjacent land owner and other interested parties including rival claimants, if any.

ii) It is open to the petitioner to submit an online application seeking issuance of separate patta in respect of subject land before the appropriate authority. If any such application is submitted, the concerned authority shall independently consider the facts and law set out in the application and pass 3/6

appropriate orders in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules, within a period of 12 weeks from the date of submission of such application by the petitioner. iii) 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 the petitioner's entitlement for requesting survey of subject property.

iv) 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. 21.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The District Collector, O/o.The District Collectors Office, Dharmapuri, Dharmapuri District.

2.The Tashildar, Kariamangalam Taluk, Dharmapuri District.

3.The Head Surveyor, Kariamangalam Taluk, Dharmapuri District.

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MOHAMMED SHAFFIQ, J.

mka 21.08.2025 6/6