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Madras High CourtWP/17204/2025disposed of

G.Sasikumar 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 G.Sasikumar ... Petitioner Vs.

1. The Tahsildar, Office of the Tahsildar, Senthamangalam Taluk, Namakkal District - 637 013.

2. The Revenue Inspector, Revenue Inspector Office, Senthamangalam Taluk, Namakkal District - 637 013.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 1 & 2 to conduct a survey and boundary demarcation of the petitioner's land comprised in Survey Nos.260/1A, 260/8C, 269/2F and 260/8 situated at Pottirettipatti Village, Senthamangalam Taluk, Namakkal District, based on the petitioner's application bearing Challan No.20250214357045, dated 06.03.2025.

For Petitioner :

Mr.D.Prasana Kumar

For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to act upon the online application submitted by the petitioner on 06.03.2025 wherein the petitioner has sought for survey of the subject property and for demarcation of boundaries.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner is the owner of the land comprised in Survey Nos.260/1A, 260/8C, 269/2F and 260/8 situated at Pottirettipatti Village, Senthamangalam Taluk, Namakkal District. The petitioner wanted a survey to be conducted in the subject property in order to demarcate the boundaries. A representation was submitted in this regard. When attempt was made to survey the property, there was resistance from the neighbours and therefore, the petitioner filed a writ petition in W.P.No.5041 of 2025 seeking police

protection to survey the land. Pursuant to the direction issued by this Court, the petitioner made an application to the respondents on 06.03.2025, enclosing all necessary details along with the prescribed payment of fee. But the survey has not been conducted. Hence, the present writ petition has been filed

4. It is pointed out by learned Additional Government Pleader appearing for respondents that petitioner had taken out an online application and paid the appropriate fee only with regard to Survey No.260/1A. In case, if petitioner takes out an appropriate online application and pays the necessary fee with regard to remaining survey numbers, the survey would be carried out within a time frame that may be stipulated by this Court.

5. In response, learned counsel for petitioner would agree to pay the necessary charges in respect of Survey Nos.260/8C, 269/2F and 260/8 situated at Pottirettipatti Village, Senthamangalam Taluk, Namakkal District.

6. Taking into consideration the facts and circumstances of the

case and the materials placed before this Court, there shall be a direction to petitioner to submit an application to respondents and pay necessary fee in respect of Survey Nos.260/8C, 269/2F and 260/8 situated at Pottirettipatti Village, Senthamangalam Taluk, Namakkal District within a period of four weeks from the date of receipt of a copy of this order. On receipt of such payment, respondents shall conduct survey and demarcate the subject property and complete the process within a period of eight weeks from the date of receipt of a copy of such payment after affording reasonable opportunity of hearing to the petitioner, adjacent land owners and other interested parties including rival claimants if any and also putting all the interested parties on notice. 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.

7. Accordingly, this Writ Petition stands disposed of. However,

there shall be no order as to costs.

04.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Tahsildar, Office of the Tahsildar, Senthamangalam Taluk, Namakkal District - 637 013.

2. The Revenue Inspector, Revenue Inspector Office, Senthamangalam Taluk, Namakkal District - 637 013.

MOHAMMED SHAFFIQ, J.

vji 04.06.2025