S.Aruldoss v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.44605 of 2025 S.Aruldoss S/o.Samuel, No.6/13, Nehru Colony, 5th Street, Palavanthangal, Chennai- 600 014.

Petitioner Vs

1. The Tahsildar Urban Land Administration No.14, Old Dairy Farm Road, Alandur, Chennai-600 106.

2. Town Surveyor Urban Land Administration No.14, Old Dairy Farm Road Alandur, Chennai-600 106.

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the record of the respondents dated 01.08.2024 in 2024/0154/02/ 008817 and quash the same as illegal and direct the respondents to issue computerised patta to the petitioner's land situated in comprised in Old 1/5

Survey Nos.40/6 and 40/7 of 1078 sq.ft with Town Survey Patta No.84/2, ward B, Block No.12, Alandur Chennai. For Petitioner :

Ms.A.Arulmozhi For Respondents :

Mr.D.Ravichander Special Government Pleader ****

O R D E R

This writ petition has been filed challenging the impugned online rejection order dated 01.08.2024 passed by the respondents and for a consequential direction to the respondents to issue computerised patta to the property belonging to the petitioner.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

3. The case of the petitioner is that he is the absolute owner of the subject property through a registered sale deed dated 14.03.1985. The property belonging to the petitioner was encroached by the adjacent owner and as a result, the petitioner had to institute civil proceedings. Ultimately, the judgment came in favour of the petitioner in S.A.Nos.381 & 382 of 2006 and a direction was given to remove the encroachment. Pursuant to the same, execution proceedings were initiated and encroachment was also duly removed.

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4. Thereafter, the petitioner applied for issuance of computerised patta on 20.06.2024. On inspection, the Survey Department found that there was a minor variation in the extent of the property. Instead of 1078 sq.ft, they were able to identify only 1053 sq.ft.

5. The petitioner was expecting the respondents to call for an enquiry to clarify this issue. However, the online rejection order came to be passed against the petitioner. Aggrieved by the same, the present writ petition has been filed before this Court.

6. In the considered view of this Court, if there is some discrepancy in the extent of property and the petitioner had an explanation to clarify the issue, the respondents after receiving the report of the Surveyor, ought to have called the petitioner for enquiry. Without doing so, the application has been straight away rejected by the respondent.

7. In view of the above, the online rejection order dated 01.08.2024 suffers from violation of principles of natural justice. In the light of the above discussion, this Court has no hesitation to set aside the online rejection order dated 01.08.2024 and accordingly, the same is hereby set aside. The matter is remanded back to the file of the first 3/5

respondent and the first respondent is directed to call the petitioner for enquiry for getting necessary clarification and thereafter, take a final decision. The whole exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The Writ Petition is allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 25.10.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To

1. The Tahsildar Urban Land Administration, No.14, Old Dairy Farm Road, Alandur, Chennai- 600 016.

2.Town Surveyor Urban Land Administration, No.14, Old Dairy Farm Road, Alandur, Chennai-016.

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N.ANAND VENKATESH, J mk 25.10.2025 5/5