P.Elumalai v. The Revenue Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. P.Elumalai S/o. Late Pera Gounder, Mottur Panankadu, Sivathapuram 636 307, Salem District.

Petitioner(s) Vs

1. The Revenue Tahsildar, Salem West Taluk, Salem District.

2.M.Velliyangiri, S/o. Murugesan, 3/212, Near Krishnappa Theatre, Sivathapuram -636 307, Salem District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for issuance of writ of Mandamus directing the 1st Respondent to conduct land survey and fix the boundaries for the petitioner's property measuring an extent of 42 cents in S.F. No. 70/5B and the well measuring 6 cents in S.F. No. 70/3, Selathanpatti

Village, Salem Taluk and District based on his e-chalan dated 16.10.2023 made in Chalan No. 20231016009020 and by considering his representation dated 07.10.2023 For Petitioner(s): Mr.R.Adhitya Shri for N. Manoharan For Respondent: Mr.P.Sathish, Additional Government Pleader for R1

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to act upon the application submitted by the petitioner on 16.10.2023 wherein the petitioner is seeking for the survey of the subject property in SF No.70/5B measuring an extent of 42 cents and for demarcation of boundaries.

2.

Heard Mr.R.Adhitya Shri, learned counsel for Mr.N.Manoharan, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for 1st respondent.

3.

The learned Special Government Pleader appearing on behalf of the 1st respondent submitted that the application submitted by the petitioner was not acted upon since there is a suit pending in OS No.330 of 2023 filed by one Vellaiyangiri and another against the petitioner and one Arumugam.

4.

The learned counsel for the petitioner submitted that the suit pertained to the property in SF Nos.70/5A and the petitioner is not seeking for any survey of the said suit property. 5.

In the light of the above clarification given by the learned counsel for the petitioner, there shall be a direction to the 1st respondent to act upon the application submitted by the petitioner on 16.10. 2023 and the subsequent representation dated 07.10.2023 and take a decision on the survey of the property within a period of four weeks from the date of receipt of a copy of this order. The same shall be conducted in the presence of the 2nd respondent.

6.

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

17-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Revenue Tahsildar, Salem West Taluk, Salem District.

N.ANAND VENKATESH J.

rka 17-03-2025