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Madras High CourtWP/17577/2025disposed of

Murali v. The Tahsildar

2025-06-04Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Murali ... Petitioner in W.P.No.17577 of 2025 Saravanan ... Petitioner in W.P.No.17579 of 2025 Vs.

1. The Tahsildar, Taluk Office, Anchetty Taluk, Krishnagiri District.

2. The Firka Surveyor, Taluk Office, Anchetty Taluk, Krishnagiri District.

... Respondents in both W.Ps PRAYER in W.P.No.17577 of 2025 : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents to consider the Application No.2024/0123/31/003167, dated 21.06.2024 to survey and measure the land to an extent of 1.73 Acres

comprised in Survey No.166/13 situated in Natrampalayam Village, Anchetty Taluk, Krishnagiri District and fix boundaries within the time to be stipulated by this Court.

PRAYER in W.P.No.17579 of 2025 : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents to consider the Application No.2024/0123/31/003172, dated 21.06.2024 to survey and measure the land to an extent of 40 Cents comprised in Survey No.166/12 situated in Natrampalayam Village, Anchetty Taluk, Krishnagiri District and fix boundaries within the time to be stipulated by this Court.

For Petitioners :

Mr.K.Rajkumar in both W.Ps For Respondents :

Mr.S.J.Mohamed Sathik in both W.Ps Government Advocate C O M M O N O R D E R These writ petitions have been filed seeking issuance of a writ of mandamus directing the respondents to act upon the applications submitted by the petitioners on 21.06.2024 and to survey the subject property and demarcate the boundaries.

2. By consent of learned counsel on both sides, these writ petitions are taken up for final disposal at the admission stage itself.

3. The grievance of the petitioners is that the land measuring an extent of 40 cents comprised in Survey No.166/12 and an extent of 1.73 acres comprised in Survey No.166/13 situated in Natrampalayam Village, Anchetty Taluk, Krishnagiri District originally belonged to one Subbaraya Mudhaliar and others and subsequently, they were sold to one V.N.Natarajan and N.Krishnan vide sale deed dated 07.01.1991 bearing Document No.39/1991. While so, it is stated that without having any right over the property, one Rajagopal filed a suit in O.S.No.655 of 1993 on the file of the District Munsif Court, Denkanikottai seeking for a declaration against the said V.N.Natarajan and N.Krishnan and the same was dismissed vide judgment and decree dated 15.02.1996. Subsequently, the said Rajagopal filed an appeal suit in A.S.No.117 of 1996 and the same was remanded back to trial Court in O.S.No.655 of 1993. However, since the said Rajagopal has not come forward to contest the suit, the same was dismissed for default vide

judgment dated 04.03.2024. The said Krishnan died leaving behind his legal heirs. Subsequently, the legal heir of the said deceased Krishnan and Natarajan have executed a sale deed dated 17.12.2021 bearing Document No.10850/2021 to and in favour of petitioner's father (W.P.No.17577 of 2025) to an extent of 1.73 acres in Survey No.166/13 and in favour of the petitioner (W.P.No.17579 of 2025) to an extent of 40 cents in Survey No.166/12 respectively. The petitioners wanted a survey to be conducted of the subject property for demarcation of boundaries. Accordingly, applications were submitted by paying necessary charges on 21.06.2024. Since the same were not acted upon, the present writ petitions have been filed.

4. At the outset, it is submitted by Mr.Mohamed Sathik, learned Government Advocate for the respondents that they will consider the petitioners applications and measure the petitioners lands and survey the same within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioners.

5. In view thereof, these Writ Petitions stand disposed of with the direction to the respondents to consider petitioners applications dated 21.06.2024 and carry out a survey, demarcate the subject property and complete the process within a period of eight weeks from the date of receipt of a copy of this order after giving prior notice to the petitioners, 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 respondents to consider the matter on its own merits and in accordance with law. No costs. 04.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Tahsildar, Taluk Office, Anchetty Taluk, Krishnagiri District.

2. The Firka Surveyor, Taluk Office, Anchetty Taluk, Krishnagiri District.

MOHAMMED SHAFFIQ, J.

vji 04.06.2025