Thangam Dayalan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Thangam Dayalan D/o.Dayalan Rajes
...Petitioner in W.P.No.4916 of 2025
Lakshmi Dayalan D/o.Dayalan Rajes
...Petitioner in W.P.No.4924 of 2025
Vs.
1.The Tahsildar, Yercaud Taluk Office, Yercaud, Salem.
2.The Head Surveyor, Yercaud Taluk Office, Yercaud, Salem.
3.The Revenue Divisional Officer, Salem.
4.Shiv Dayalan S/o.Dayalan Rajes ... Respondents in both writ petitions 1/4
Prayer :
W.P.No.4916 of 2025:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to survey the petitioner's patta land situated in Survey Numbers 23/1B, 3/1, 3/2, 32/10, 32/1A1, 32/5, 32/8, 32/9, 33, 4/1, 4/2 all measuring an extent of 69.12 Acres in Yercaud Taluk, Mangalam Village, Salem District and fix the boundary stones in light of the guidelines issued by this Court in W.P.(MD) No.13465 of 2020 dated 05.10.2020 within a time stipulated by this Court. W.P.No.4924 of 2025:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to survey the petitioner's patta land situated in Survey Number 22/2A measuring an extent of 20.66 Acres in Yercaud Taluk, Mangalam Village, Salem District and fix the boundary stones in light of the guidelines issued by this Court in W.P.(MD) No.13465 of 2020 dated 05.10.2020 within a time stipulated by this Court. For Petitioner : Mr.Karthikeyan Anbazhagan [in both W.Ps.] For Respondents : Mr.P.Sathish [in both W.Ps.] Additional Government Pleader [R1 to R3] ***** 2/4
COMMON ORDER It is seen from records that the Tahsildar, Yercaud, through proceedings dated 07.11.2024, has refused to survey the subject properties by assigning certain reasons. This order was passed pursuant to the directions issued by this Court in Crl.R.C.No.132 of 2024 dated 04.07.2024.
2. These writ petitions have been filed seeking a direction to the respondents 1 and 2 to survey the properties and to fix the boundary stones. If the Tahsildar has already refused to survey the properties by issuing the proceedings dated 07.11.2024, without challenging the same, this Court cannot straightaway issue a mandamus.
3. In the light of the above discussion, the petitioner has to necessarily challenge the proceedings of the Tahsildar dated 07.11.2024 and seek for the necessary relief and work out the remedy. 3/4
N. ANAND VENKATESH, J.
gm In view of the above, both the writ petitions are closed by giving liberty to the petitioners to file a fresh writ petition challenging the proceedings of the Tahsildar dated 07.11.2024. No costs.
18.02.2025 Index : yes/no Speaking Order / Non Speaking Order gm To 1.The Tahsildar, Yercaud Taluk Office, Yercaud, Salem.
2.The Head Surveyor, Yercaud Taluk Office, Yercaud, Salem.
3.The Revenue Divisional Officer, Salem.
4/4