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2026 Supreme(Online)(Mad) 35534
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
TMT.Chennammal – Appellant
Versus
The District collector Dharmapuri – Respondent
Writ Petition
For the Petitioner(s): Mr.P.Ganesan
For the Respondent(s):Mr.C.Jayaprakash Govt.Advocate For Respondent
Mandate survey, demarcation, and patta issuance after notice to neighbors, decided on merits within timelines.
Headnote:First Paragraph: The petitioner seeks directions under Article 226 for survey, demarcation, and separate patta issuance for property in Survey Nos.19/2B2, 4476.3/4 sq.feet out of 0.72.0 Hectare, Patta No. 976, Kadathur Village, based on representation dated 02.09.2025 and survey proceedings dated 30.09.2025. Petitioner claims ownership and prior representation to authorities. Court finds no prejudice in directing survey after notice to neighbors, without opining on merits, and mandates patta issuance if eligible. Second Paragraph: Key issue framed as whether authorities should survey, demarcate boundaries, and issue separate patta per representation. Ratio decidendi emphasizes procedural fairness by requiring notice to neighboring landowners, enquiry, and decisions on merits within timelines, ensuring natural justice in land administration. Last Paragraph: Writ petition disposed directing survey within 12 weeks post-notice, demarcation on merits, and patta consideration within 8 weeks thereafter if eligible.
| Table of Content |
|---|
| 1. petition for survey and separate patta issuance. (Para 1 , 2) |
| 2. notice accepted, no merits opinion. (Para 4) |
| 3. direct survey after notice, patta if eligible. (Para 5) |
ORDER
This writ petition has been filed seeking for a direction to the second respondent to survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition and for issuance of separate patta in the name of the petitioner, based on the petitioner’s representation dated
02.09.2025 within a time frame to be fixed by this Court.
2. The petitioner claims that she is the owner of the property morefully described in the prayer to this writ petition. She has given a representation on 02.09.2025 to the second respondent, seeking to survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition and for issuance of separate patta in the name of the petitioner. Since the same has not been considered till date, the petitioner has filed this writ petition. 3. Mr. C. Jayaprakash, learned Government Advocate accepts notice on behalf of the respondents.
4. This Court is not expressing any opinion on the merits of the petitioner’s representation.
5. No prejudice will be caused to the respondents if the said authorities are directed to survey and demarcate the boundaries of the petitioner’s property, morefully described in the prayer to this writ petition, after hearing the objections if any from the neighbouring land owners as well as any other party whom they deem it fit to enquire and issue separate patta in the name of the petitioner, based on the representation dated 02.09.2025, within a time frame to be fixed by this Court.
6. Accordingly, this writ petition is disposed of in the following manner:-
(a) Before surveying the lands in question, the second respondent is directed to issue notice to the neighbouring land owners if any, and also to any other party, whom they deem it fit to enquire;
(b) After receiving objections if any and after considering the same, the second respondent shall conduct survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order;
c) If the petitioner is eligible for the issuance of separate patta in her name for the property surveyed and demarcated by the second respondent, the second respondent shall also consider the application, seeking for issuance of patta for the property in favour of the petitioner on merits and in accordance with law and pass final orders within a period of eight weeks from the date when the survey and demarcation of boundaries is completed after hearing all the necessary parties.
No Costs.
