Madras High CourtWP(MD)/6596/2025disposed of

Chandra v. The Tahsildar

2025-03-12Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.B.BALAJI Chandra ... Petitioner Vs

1. The Tahsildar, Kalkulam Taluk Office (03), Kalkulam, Kanyakumari District.

2. The Taluk Surveyor, Kalkulam Taluk Office (03), Kalkulam, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to survey the land and fix the boundaries and further directing the respondents herein to issue patta or mutating in the revenue records in the name of petitioner in respect of the property in Sy. No. 650-3A, 650-4 and 650-5 situated at Villukkuri Village, Kalkulam Taluk, Kanyakumari District, and consider the petitioner's representation dated 21.02.2025.

1/4

For Petitioner : Mr.S. Ramakrishnan, For Respondents : Mr.B.Saravanan Additional Government Pleader

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to mutate patta in his favour in respect of S.No.650-3A, 650-4 and 650-5 situated at Villukuri village, Kalkulam Taluk, Kanyakumari District. The petitioner has given a representation in this regard on 21.02.2025. The petitioner also made an online application earlier on 17.10.2024 for subdivision and insurance of patta. 2.The grievance of the petitioner is that the despite finality in civil litigation against one Sreedharan, the authorities are not coming forward to survey the petitioner's property. The petitioner having given her application as early as on 17.10.2024, has been waiting for survey to be conducted and only thereafter, it would be open to her to seek for patta, subject to the survey findings.

2/4

3.In view of the above, the writ petition is disposed of with a direction to the respondents to conduct a survey based on the petitioner's online application date 17.10.2024 and subject to the findings in the survey conducted, the petitioner's entitlement for the patta shall be thereafter decided. The respondents shall seek the assistance/protection of the police officials for conducting survey, without any objections by Mr.Sreedharan, whose claims have already stood extinguished with the disposal of S.A.No.1304 and 1305 of 2004 before this Court even as early as 01.03.2023. No costs.

12.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Tahsildar, Kalkulam Taluk Office (03), Kalkulam, Kanyakumari District.

2. The Taluk Surveyor, Kalkulam Taluk Office (03), Kalkulam, Kanyakumari District.

3/4

P.B.BALAJI , J.

LR 12.03.2025 4/4