A.Lourdu Mary v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN A.Lourdu Mary .....

Petitioner Vs 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Revenue Divisional Officer, Cheyaar Division, Cheyaar, Thiruvannamalai District.

3.The Tahsildar, Chetpet Taluk, Chetpet, Thiruvannamalai District.

4.The Head Surveyor, Taluk Office, Chetpet Taluk, Chetpet, Thiruvannamalai District.

5.The Village Administrative Officer, Othalavadi Village, Chetpet Taluk, Thiruvannamalai District.

.....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent herein 1/6

to survey and issue patta to and in favour of the petitioner for land measuring 2 1⁄2 cents ; and also to issue patta to and in favour of her legal heirs for land measuring 3 cents both comprised in Survey No.256/1, Othalavadi Revenue Village, Chetpet Taluk, Thiruvannamalai District, as per orders passed by the third respondent in Ni.Mu.A2/5043/2024 dated 04.04.2025 at the earliest point of time as may be fixed by this Court. For Petitioner : Mr.N.Elumalai For R1 to R5 : Mr.C.Jayaprakash Government Advocate

ORDER

This Writ Petition has been filed seeking a direction to the third respondent to survey the lands measuring 2 1⁄2 cents claimed by the petitioner and 3 cents claimed by her legal heirs, both situated in Survey No.256/1, Othalavadi Revenue Village, Chetpet Taluk, Thiruvannamalai District and to issue patta in their favour in terms of the proceedings of the third respondent in Ni.Mu.A2/5043/2024 dated 04.04.2025.

2.

Heard the learned counsel appearing on either side and perused the materials available on record.

3.

It is seen from the records that pursuant to the order passed by the third respondent for issuance of patta in respect of the property 2/6

comprised in Survey No.256/1, measuring 2 1⁄2 cents in favour of the petitioner and 3 cents in favour of her legal heris, situated at Othalavadi Revenue Village, Chetpet Taluk, Thiruvannamalai District, the petitioner submitted an application seeking survey of the land and also paid requisite fees for the same. However, the respondents did not take any steps to survey the land and to issue patta to the petitioner and her legal heirs. Hence, this writ petition.

4.

In view of the limited relief sought for in this writ petition and taking note of the fact that the third respondent has already passed proceedings in Ni.Mu.A2/5043/2024 dated 04.04.2025, this Court directs the third respondent to conduct a survey of the subject land in S.No.256/1, situated at Othalavadi Village, Chetpet Taluk Thiruvannamalai District, after issuance of notice to the petitioner, her legal heirs and other interested persons, if any, and to serve the survey report to the petitioner. It is made clear that, if the surveyor concerned is obstructed by third parties while surveying the subject land, the said surveyor can approach the jurisdictional police seeking police aid and on such request, the jurisdictional police shall provide adequate police protection to the surveyor. 3/6

5.

On completion of the survey, the third respondent shall consider the petitioner's request for issuance of patta for 2 1⁄2 cents in favour of the petitioner and 3 cents in favour of her legal heirs, in accordance with the proceedings dated 04.04.2025, the survey report and the relevant revenue records, and pass appropriate orders on merits and in accordance with law. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

6.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

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To 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Revenue Divisional Officer, Cheyaar Division, Cheyaar, Thiruvannamalai District.

3.The Tahsildar, Chetpet Taluk, Chetpet, Thiruvannamalai District.

4.The Head Surveyor, Taluk Office, Chetpet Taluk, Chetpet, Thiruvannamalai District.

5.The Village Administrative Officer, Othalavadi Village, Chetpet Taluk, Thiruvannamalai District.

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G.K.ILANTHIRAIYAN, J.

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