J.Selvi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Selvi W/o.Jayaraman ... Petitioner Vs.

1. The Tahsildar, The Office of the Uthangarai Taluk, Krishnagiri District - 635 207.

2. The Surveyor, Chennapanaickanur Village, Uthangarai Taluk, Krishnagiri District - 635 207.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing Respondents 1 and 2 herein to survey, measure and fix the boundaries in respect of petitioner's property comprised in Old Survey No.26 (as per patta No.561, Now present New Survey No.26/11-0.03.00 ares) of an extent of 0.071/2 cents agricultural land situated at Chennapanaickanur Village, Uthangarai Taluk, Krishnagiri District based on my application dated 11.11.2024 within the time stipulated by this Court.

For Petitioner : Mr.S.Raja Guru 1/4

For Respondents : Mr.R.P.Murugan Raja Government Advocate *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to survey and measure the property and fix the boundaries pursuant to the application submitted by the petitioner on 11.11.2024.

2. Heard Mr.S.Raja Guru, learned counsel for petitioner and Mr.R.P.Murugan Raja, learned Government Advocate appearing for respondents.

3. The petitioner is claiming right over the subject property by virtue of the registered settlement deed dated 02.01.2019 and the patta that stands in the name of the petitioner in patta No.561. The petitioner submitted an application on 11.11.2024 for survey and measurement of the property and for fixing the boundary stones. Since the same was not acted upon, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in this writ petition, 2/4

there shall be a direction to the respondents to act upon the application submitted by the petitioner on 11.11.2024 and conduct the survey and measure the property and if, in case, the interest of any third party is involved, the survey shall be conducted in their presence. While conducting the survey, the authorities shall strictly go by the settlement deed that was executed in favour of the petitioner on 02.01.2019 in order to determine the extent of the property while fixing the boundary stones. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

05.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To

1. The Tahsildar The Office of the Uthangarai Taluk Krishnagiri District - 635 207.

2. The Surveyor, Chennapanaickanur Village, Uthangarai Taluk, Krishnagiri District - 635 207.

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