V.Lakshmanan v. The Taluk Surveyor
2025:MHC:2169
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-07-2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No. 5489 of 2021 V.Lakshmanan Petitioner(s) Vs 1.The Taluk Surveyor Sevanthampalayam, South Avinasipalayam, Tirupur South Taluk, Tirupur District.
2.The Tashildar Sevanthampalayam,Tirupur South Taluk, Tirupur District.
3.Chinnasamy Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents 1 and 2 to measure the
land comprised in S.No.193/3 situated at North Avinashipalayam Village, Tirupur South Taluk, Tirupur District an extent of 0.60 Acres out of 1.28 1⁄4 Acres in terms of the notice made in FL52/2020 dated 18.01.2021 issued by the 1st Respondent and fix the survey stones and sub-divide the property from larger extent and assign Sub-division of survey number in the revenue records. For Petitioner:
Mr.G.Ethirajulu For Respondent(s):
Mr.A.Selvendran, SGP For R1 & R2 Mr.K.Goviganesan For R3
ORDER
The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 and 2 to measure the land comprised in S.No.193/3, measuring an extent of 0.60 Acres out of 1.281⁄4 Acres situated at North Avinashipalayam Village, Tirupur South Taluk, Tirupur District in terms of the st respondent and to notice made in FL52/2020 dated 18.01.2021, issued by the 1 fix the survey stones and subdivide the property and assign sub-division of survey number in the revenue records.
2. At the outset, it is submitted by learned Special Government Pleader appearing on behalf of respondents 1 and 2 that the petitioner has not taken out an online application and if an online application is taken out, the same would be considered and disposed of in accordance with law within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
3. In view thereof, the writ petition stands disposed of. It is open to the petitioner to take out a fresh online application. If any such application is filed, the appropriate respondent shall consider the same and pass orders in accordance with law, within a period of 8 weeks from the date on which the online application is filed by the petitioner, after affording the petitioner and other interested parties a reasonable opportunity of hearing. 3.1. Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry, if any, while considering the petitioner's application.
3.2. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs. The connected Miscellaneous Petition is closed. 16-07-2025 Index:Yes/No Speaking/Non-speaking order Jeni To 1.The Taluk Surveyor Sevanthampalayam,South Avinasipalayam, Tirupur South Taluk, Tirupur District.
2.The Tashildar Sevanthampalayam,Tirupur South Taluk, Tirupur District.
MOHAMMED SHAFFIQ J.
Jeni 16-07-2025