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WP.No.1765 of 2025 In the High Court of Judicature at Madras Dated : 24.1.2025
Coram : The Honourable Ms.Justice P.T.ASHA Writ Petition No.1765 of 2025 Jayanthi ...Petitioner Vs 1.The Tahsildar, Uthiramerur Taluk, Kancheepuram. 2.The Head Surveyor, Uthiramerur Taluk, Kancheepuram. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to survey and demarcate the boundary of the petitioner's agricultural land situated at No.75, Vendivakkam Village, Chengalpattu District, ayan punja old S.Nos.75/1 and 75/1A as per patta No.141, new punja S.No.75/1A1 to an extent of 0.83 cents in 3.61 acres and issue separate patta in the name of the petitioner. For Petitioner : Mr.M.Jaisingh For Respondents : Mr.A.Selvendran, SGP
ORDER Seeking a Mandamus to the respondents to conduct a survey 1/5 https://www.mhc.tn.gov.in/judis
WP.No.1765 of 2025 and demarcate the boundaries of the petitioner's property measuring 0.83 cents in 3.61 acres in ayan punja old S.Nos.75/1 and 75/1A as per patta No.141, new punja S.No.75/1A1, at No.75, Vendivakkam Village, Chengalpattu District, the petitioner is before this Court. 2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents. 3. The petitioner would contend that originally, the subject property was acquired by her father vide two sale deeds (i) dated 08.6.2001 registered as doc.No.1329 of 2001 and (ii) dated 02.6.2004 registered as doc.No.824 of 2004 on the file of the Sub-Registrar, Uthiramerur After the demise of her father, the petitioner, her mother and two sisters executed a release deed dated 12.3.2009 registered as doc.No.1187 of 2009 on the file of the same Sub-Registrar in favour of her brother in respect of the subject property. Later, her brother executed a settlement deed dated 12.6.2024 registered as doc.No. 2573 of 2024 on the file of the same Sub-Registrar in her favour in respect of the subject property. Pursuant to that, she is in possession and has been cultivating the same. Though the petitioner made two online applications on 06.9.2024 and 27.9.2024 respectively seeking to issue a patta and to conduct a survey and demarcate the 2/5 https://www.mhc.tn.gov.in/judis
WP.No.1765 of 2025 boundaries of the subject property, nothing was forthcoming. Hence the writ petition. 4. The fact that the subject property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the subject property by way of the gift settlement deed, she requested the first respondent to issue patta, for which purpose, she also sought for surveying and demarcating the boundaries of the subject property. 5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the first respondent to conduct survey in respect of the subject property. The petitioner shall submit all the relevant records to show her title to the subject property and the first respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter pass orders either surveying the subject property, demarcating its boundaries and issuing patta or rejecting the request.
In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order. No costs. 3/5 https://www.mhc.tn.gov.in/judis
WP.No.1765 of 2025 24.1.2025 4/5 https://www.mhc.tn.gov.in/judis
WP.No.1765 of 2025 P.T.ASHA,J RS To 1.The Tahsildar, Uthiramerur Taluk, Kancheepuram. 2.The Head Surveyor, Uthiramerur Taluk, Kancheepuram. WP.No.1765 of 2025 24.1.2025 5/5 https://www.mhc.tn.gov.in/judis