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2025 Supreme(Online)(Mad) 65318

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
A.Subramanian – Appellant
Versus
The District Collector, Salem District – Respondent
Writ Petition No.42036 of 2025



Advocates:
For the Appellants/Petitioners: Mr.K.Karthikeyan
For the Respondents: Mr.D.Ravichander, Mr.L.Baskaran

The court directed the relevant authorities to survey property and address the issuance of separate patta based on the petitioner's claims.

Headnote:Statute Analysis: The writ petition was filed under Article 226 of the Constitution of India. Facts of the Case: The petitioner claims ownership of property based on a partition deed registered as document No.638/1993 and seeks survey and issuance of separate patta.

Findings of Court:
The court ordered that respondents 4 and 5 must conduct the survey and address the petitioner's claim for a separate patta within eight weeks.

Issues: The court frames the issue of whether the respondents should act on the applicant's demands.

Ratio Decidendi: The court reasoned that given the materials provided, action by the respondents was warranted, ensuring due process is followed in addressing the petitioner's requests.

Result: This writ petition is disposed of with the above direction.

Table of Content
1. petition for mandamus regarding property survey and patta issuance. (Para 1 , 3)
2. hearing and representation by both parties. (Para 2)
3. court ordered action by authorities and time frame. (Para 4)

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 to 7 to survey the subject property and fix the boundaries and to issue separate patta in the name of the petitioner.

2. Heard Mr.K.Karthikeyan, learned counsel for petitioner, Mr.D.Ravichander, learned Special Government Pleader appearing for respondents 1 to 7 and Mr.L.Baskaran, learned Government Advocate [Crl.side] appearing for eighth respondent.

3. The petitioner claims to be the absolute owner of the subject property by virtue of a partition deed dated 20.09.1993 registered as document No.638/1993 and that the petitioner was allotted 'C' Schedule properties in this partition deed. The further case of the petitioner is that joint patta was also issued in Patta No.4 by fourth respondent. The petitioner submitted an application on 11.09.2025 seeking survey of the subject property and for demarcation of boundaries and for issuance of separate patta in favour of the petitioner. Since the same was not considered, the present writ petition has been filed.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to respondents 4 and 5 to act upon the application submitted by the petitioner on 11.09.2025 and conduct survey in the subject property based on the title document and the joint patta that stands in the name of the petitioner. On completion of this process, the claim made by the petitioner for separate patta shall also be dealt with on its own merits and in accordance with law. All the interested parties shall be put on notice. The entire process shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

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