O.Rajendara v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ O.Rajendara ... Petitioner Vs.

1. The Tahsildar, Office of the Tahsildar Thirukalukundram Taluk, Chengalpattu District, Tamil Nadu - 603 109.

2.The Head Surveyor, Surveyor Department, Office of the Tahsildar, Thirukalukundram Taluk, Chengalpattu District, Tamil Nadu - 603 109.

3. K.Veeraragavan

4. M.Kodhandapani ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 & 2 to survey the demised land in survey Nos.272/1A2, 272/1B2 of a total extent of 0.24 cents purchased under the sale deed Document No.5750 of 2012 dated 21.11.2012 on the file of sub-Registrar, Thirukalukundram and to demarcate the extent conveyed to the petitioner.

For Petitioner :

Mr.M.Dharani Dharan (VC) For Respondents :

Mr.A.Selvendran Spl. Govt. Pleader for R1 & R2

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 & 2 to survey the demised land comprised in Survey Nos.272/1A2 & 272/1B2 measuring total extent of 0.24 cents registered as Document No.5750 of 2012 dated 21.11.2012 on the file of sub-Registrar, Thirukalukundram and to demarcate the said land.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to respondents 3 & 4 is dispensed with.

3. The case of the petitioner is that he purchased properties measuring an extent of 0.24 cents on 21.11.2012 registered as Document No.5750 of 2012 on the file of Sub Registrar, Thirukalukundram from one Kodhandapani. Whileso, one Veeraragavan filed a suit in O.S.No.244 of 2024 on the file of Principal Sub Court, Chengalpattu alleging that the property sold to petitioner's vendor was to be used only for agricultural purposes and the same is stated to be pending. Petitioner sought to conduct a survey of the subject property and an application was submitted by paying necessary charges on 23.09.2024. Since the same was not acted upon, the present writ petition has been filed.

4. At the outset, it is submitted by learned Special Government Pleader for respondents 1 & 2 that they will consider the petitioner's application and survey land within a period of eight weeks, which was agreed to by learned counsel for petitioner.

5. Taking into consideration the facts and circumstances of the

case and the limited relief sought for in this petition, this Writ Petition is disposed of with a direction to the concerned respondent to consider the petitioner's application dated 23.09.2024 to carry out survey and demarcate the subject property comprised in Survey No.272/1A2 and 272/1B2 and pass appropriate orders after affording reasonable opportunity of hearing to petitioner, respondents 3 & 4, adjacent land owners and any other rival claimants, if any, within a period of eight weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the respondent to consider the case on its own merits and in accordance with law. No costs.

17.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Tahsildar, Office of the Tahsildar Thirukalukundram Taluk, Chengalpattu District, Tamil Nadu - 603 109.

2.The Head Surveyor, Surveyor Department, Office of the Tahsildar, Thirukalukundram Taluk, Chengalpattu District, Tamil Nadu - 603 109.

MOHAMMED SHAFFIQ, J.

vji 17.06.2025