S.Gopalsamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH S.Gopalsamy .... Petitioner Vs 1.The Tahsildar Taluk Office Tiruppur.

2.The Assistant Director of Survey Land Survey Section Taluk Office (Tiruppur South) Tiruppur.

3.The Firka Surveyor Nallur Firka Taluk Office (Tiruppur South) Tiruppur.

4.The Village Administrative Officer Muthanampalayam Village Tiruppur South Tiruppur.

5.Easwari 6.Vimala .... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to survey the land and fix boundary stones in S.F.Nos.398/1, 398/2, 398/3, 398/4B1, 398/4B2, Muthanampalayam Village, Tiruppur South Taluk, Tiruppur based on my online application bearing No.2025/0123/32/003753 dated 21.02.2025 by appreciating the above stated facts. For Petitioner : Ms.M.N.Sumathy For Respondents : Mr.S.Jayachandran Government Advocate [R1 to R4]

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the first respondent to act upon the online application submitted by the petitioner on 21.02.2025, wherein the petitioner is seeking survey of the subject property and for fixing the boundary stones.

2. Heard Ms.M.N.Sumathy, learned counsel for the petitioner and Mr.S.Jayachandran, learned Government Advocate for the respondents 1 to 4. 2/6

3. The petitioner is placing reliance upon the settlement deed dated 20.05.2016 and also the joint patta that has been issued in Patta No.637. The petitioner submitted an online application and requested for survey of the property after paying necessary charges on 21.02.2025. On receipt of the same, the third respondent also issued a notice for conducting the survey. Thereafter, there was no progress. It is under these circumstances, the present writ petition has been filed before this Court seeking for appropriate directions.

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 respondents 1 and 3 to act upon the application submitted by the petitioner on 21.02.2025 and conduct the survey based on the title deed of the petitioner and the joint patta that stands in the name of the petitioner. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. If there are any rival claimants, the survey shall be conducted in their presence.

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5. This writ petition is disposed of with the above directions. No costs. 20.03.2025 Index : Yes/No Speaking Order/Non-Speaking Order ds 4/6

To:

1.The Tahsildar Taluk Office Tiruppur.

2.The Assistant Director of Survey Land Survey Section Taluk Office (Tiruppur South) Tiruppur.

3.The Firka Surveyor Nallur Firka Taluk Office (Tiruppur South) Tiruppur.

4.The Village Administrative Officer Muthanampalayam Village Tiruppur South Tiruppur.

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N. ANAND VENKATESH., J ds 20.03.2025 6/6