Asaithambi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3974 of 2025 Aasaithambi ... Petitioner Vs.

1.The Tahsildar, 2.The Taluk Surveyor, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to survey and subdivide the cart track in Survey No.119/3 of Thambichettipatti Village, Harur Taluk, Dharmapuri District and issue joint patta for the said cart track within a time frame.

For Petitioner : Mr.J.Pradeep For Respondents : Mr.P.Sathish Additional Government Pleader 1/5

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to deal with the application submitted by the petitioner dated 06.11.2024, wherein, the petitioner is seeking for the survey and for the demarcation of the cart track.

2.Heard Mr.J.Pradeep, learned counsel appearing on behalf of the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing on behalf of respondents.

3.The petitioner is claiming right over the subject property by virtue of the Partition Deed dated 14.04.2022. The petitioner is also placing reliance upon the Patta Nos.69 and 24 which is a joint patta in which one of the petitioner is a joint patta holder. The petitioner made an application and paid the requisite fees for sub division of the cart track and for this purpose, the petitioner requested for the survey. Since the same was not considered, the present writ petition has been filed before this Court.

2/5

4.Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the respondents to act upon the online application submitted by the petitioner on 02.01.2024 and conduct the survey for identifying the cart track and to provide it with a sub division. While undertaking the survey, all the interested parties shall be issued notice and it shall be done in their presence. This process shall be completed by the respondents, within a period of four weeks from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above directions. No Costs. 12.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Tahsildar, 3/5

4/5

N. ANAND VENKATESH, J.

ssr 2.The Taluk Surveyor, W.P.No.3974 of 2025 12.02.2025 5/5