E.Indrani v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2025

CORAM:

THE HON'BLE MR. JUSTICE N. ANAND VENKATESH E. Indrani Petitioner v The Tahsildar Land Surveyor Aandimadam Taluk Ariyalur District - 621 801 Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to dispose of the petitioner's representation dated 20.02.2025 and earmark the boundaries pursuant to the settlement deed dated 08.02.2024 bearing document no.596/2024 and measure the petitioner's share in Survey No.120/3 for an extent of 0.7.00 ares out of 0.14.00 ares in Koovathur Village, Aandimadam Taluk, Ariyalur District mentioned in the schedule of property below, within a time frame.

Schedule of Property Ariyalur Registration District Aandimadam Sub Registration Coovathur (North) Village, Aburi Survey No.

120/3 - Four sides boundaries of 0.19 cent for 0.07.60 ares out of 0.4.00 North by - Road South by - Kasinathan's land East by - Kannan's share land West by - Kannan's share land (Survey No.120/2) Out of the above 0.07.60 ares of 0.19 cents per acre of Manavari Punchai land and about 03 years old mango - 4, 4 years old teak - 4,3 years old tamarind 1, 03 years old neem - 1 situated in the land are included in the subject matter of this Indrani's settlement deed.

For petitioner Ms. Usha Ramman For respondent Mr. A. Selvendran Special Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondent to act upon the petitioner's representation dated 20.02.2025 wherein the petitioner has sought survey of the subject property based on the settlement deed dated 08.02.2024 and to demarcate the boundaries.

2.

When this writ petition came up for hearing on 17.04.2025. the following order was passed:

"Mr.A.Selvendran, learned Special Government Pleader, takes notice on behalf of respondent.

2. It is seen from records that there was an earlier order in WP No.15462 of 2024 dated 18.06.2024 wherein the respondent was directed to conduct the survey after giving notice to the neighbours and the survey was also conducted, which is evident from the proceedings dated 22.10.2024 issued by the respondent. Thereafter, the petitioner has made a representation to the respondent seeking for survey of the property based on the settlement deed dated 08.02.2024.

3. The learned Special Government Pleader shall take instructions with respect to the basis on which the earlier survey was conducted.

4. Post this case at the end of the motion list on 28.04.2025." 3.

Pursuant to the aforesaid order, this matter was listed today.

4.

The written instructions received from the respondent do not clarify as to whether survey was conducted and the boundaries were

demarcated based on the title documents relied on by the petitioner. The written instructions are completely silent on this aspect. On going through the written instructions, it is evident that a survey was conducted on 05.09.2024 and the boundaries were fixed and the petitioner was not satisfied with the same and she refused to sign the survey report.

5.

The only grievance expressed by the learned counsel for the petitioner is that the authorities, while surveying the entire property, did not take into consideration the petitioner's share to an extent of 7.60 ares out of 14 ares as per the partition deed. It was further contended that the settlement deed dated 08.02.2024 was also not considered. 6.

In the light of the grievance expressed by the learned counsel for the petitioner and the written instructions received from the respondent which does not clarify as to whether the partition deed was relied upon while fixing the boundaries, there shall be a direction to the respondent to act upon the petitioner's representation dated 20.02.2025 and conduct a survey of the property and in the process, the respondent shall identify the petitioner's share as per the partition deed and fix the boundaries. The survey of the property shall be made in the presence of all interested parties within a period of four weeks from the date of receipt of a copy of this order.

7.

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

28.04.2025 cad

To The Tahsildar Land Surveyor Aandimadam Taluk Ariyalur District - 621 801

N. ANAND VENKATESH, J.

cad 28.04.2025