R.Desamuthu v. The Tahsildar

1/4

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. R.Desamuthu S/o. Late Rajaram, No.41/64, Vembuliamman Koil Street, Thiruvanmiyur Kuppam, Chennai- 41.

Petitioner(s) Vs

1. The Tahsildar Velachery Taluk Office, Seva Nagar 1st Street, Soni Nagar, Periyar Nagar Extension, Velachery, Chennai -42.

2.Mrs.Devika W/o.K. B. Krishnan New No. 39, Old No.54/6, Jayaram Chetty Street, Thiruvanmiyur Kuppam, Chennai- 600 041.

3.Mrs.Chandrika W/o. R.Babu, New No. 229, Old No.418,

2/4 Mettu Street, Pudupattinam, Kalpakkam Post , Cheyyur Tk, Kanchipuram Dist.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioners online application dated 25 .12.2024 vide application No. 2024 / 0178/ 02/ 000431 seeking to measure the petitioners land and issue report within a stipulated time fixed by this Court. For Petitioner(s):

J.Rajmohan For Respondent(s):

Mr.A.Selvendran Special Government Pleader for R1

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1 st respondent to deal with the on-line application submitted by the petitioner on 25.12.2024, wherein, the petitioner is seeking for survey of the subject property and for demarcation of boundaries.

2.Heard Mr.J.Rajmohan, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the 1 st respondent.

3/4 3.In the considered view of this Court, an Appeal Suit is pending in A.S.No.114 of 2024 before the City Civil Court at Chennai. Hence, when the civil case is pending, the revenue authorities will not survey the property without a specific direction issued by the Court. Hence, the petitioner has to file an appropriate petition in the pending appeal and seek for the survey of the property by way of appointment of an Advocate Commissioner. That will be the proper procedure to be followed in a case where civil proceedings are pending and one of the party wants a survey to be conducted in the property. Except given this clarity and liberty, no further orders can be passed in this writ petition.

4.This writ petition is disposed of with in the above terms. No Costs. 27-02-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/4 N.ANAND VENKATESH J.

ssr To 1.The Tahsildar Velachery Taluk Office, Seva Nagar 1st Street, Soni Nagar, Periyar Nagar Extension, Velachery, Chennai -42.

27.02.2025