S.Elayaraja v. The Tashildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Elayaraja ... Petitioner(s) Vs.
1. The Tashildar, O/o.Tashildar Office, Namakkal Taluk, Namakkal District.
2.The Land Surveyor O/o. Land Surveyor, N.Kosavampatti, Namakkal Taluk, Namakkal District.
3.The Village Administrative Officer O/o.Village Administrative Office, Thuraiyur Road, N.Kosavampatti, Namakkal Taluk, Namakkal District. ...Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to survey the property comprised in Natham Survey No.418 New Survey No.553/20 situated at Kosavampatty Village, Namakkal District and point 1/6
out the field boundary line based on petitioner representation dated 11.01.2025.
For Petitioner : Mr.Manigopi M. For Respondents : Mr.P.Ganesan for R1 to R3 Government Advocate
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2.The present writ petition is filed praying for a Writ of Mandamus to direct the 2nd respondent to survey the property comprised in Natham S.No.418 New S.No.553/20 situated at Kosavampatty Village, Namakkal District and to point out the field boundary line based on the petitioner representation dated 11.01.2025.
3.It is submitted by the learned counsel for the petitioner that the petitioner's grandmother Nagammal executed a Gift Settlement Deed to her daughter Ranjitham vide Document No.2919/2001 dated 19.12.2001 before Joint-2, SRO Namakkal. After the death of petitioner's mother Ranjitham on 08.09.2015, the petitioner obtained a legal heirship certificate dated 07.12.2016 and Partition Deed was executed between the 2/6
petitioner, his father, sister Vasantha, Anbukkarasi and Umarani vide Document No.2652 of 2024 dated 06.06.2024 before Joint-2, SRO Namakkal. The property comprised in S.No.418, Patta No.506 as per UDR, S.No.553/20 to an extent punjai hectare 0.0088.5 "F" Schedule was allotted to the petitioner.
4.It is further submitted by the learned counsel for petitioner that the petitioner submitted a representation dated 11.01.2025 seeking survey and to point out field boundary of the petitioner's property at Natham S.No.418, New S.No.553/20 situated at Kosavampatty Village, Namakkal District and had paid Survey Fees as early as on 08.04.2025 online. However, the said representation has not been considered so far by the 2nd respondent. Aggrieved by the same, the petitioner has come before this Court. Hence, the writ petition.
5.At the outset, it is submitted by the learned Government Advocate for respondents that subject to verification of payment of Survey Fees, the respondents would consider the petitioner's representation dated 11.01.2025 and carry out a survey and point out field boundary line at the subject property within a time frame to be fixed 3/6
by this Court, which was agreed to by the learned counsel for the petitioner.
6.In view thereof, the writ petition stands disposed of with the direction to the respondents to carry out a survey and point out the field boundary line and complete the process within a period of 8 weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. 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. No costs.
03.06.2025 Index : Yes/ No Speaking / Non Speaking Order pam 4/6
To 1.The Tashildar, O/o.Tashildar Office, Namakkal Taluk, Namakkal District.
2.The Land Surveyor O/o. Land Surveyor, N.Kosavampatti, Namakkal Taluk, Namakkal District.
3.The Village Administrative Officer O/o.Village Administrative Office, Thuraiyur Road, N.Kosavampatti, Namakkal Taluk, Namakkal District.
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MOHAMMED SHAFFIQ, J.
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