V.Thangalingam v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Thangalingam

...Petitioner(s)

Vs The Tahsildar, Thirukkalukundram Taluk, Chengalpattu District.

...Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider the Petitioner's representation dated 14.03.2025, has been made to measure the land of deceased father and mother namely Vellian @ Thambiran and Kulammal comprising in Survey No.30/2E, 30/2F, 30/2H, 31/7D and 31/7G in Vayaloor Village, Thirukazhikudram Taluk, Chengalpet District.

For Petitioner(s) : Ms.S.Saranya For Respondent(s) : Mr.S.J.Mohammed Sathik Government Advocate 1/6

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 respondent to consider the petitioner's representation dated 14.03.2025, to measure the property of petitioner's deceased parents comprised in S.Nos.30/2E, 30/2F, 30/2H, 31/7D and 31/7G, measuring an extent of 1 Are, situated at Vayaloor Village, Thirukazhikudram Taluk, Chengalpet District.

3.It is submitted by the learned counsel for petitioner the above mentioned property belonged to petitioner's deceased parents viz., Vellian @ Thambiran and Kulammal and the respondent had earlier issued patta in favour of Vellian @ Thambiran. It is submitted that petitioner's father and mother died intestate leaving behind 6 sons including petitioner. It is further submitted that two of the petitioner's brothers died and other 2 brothers viz., Ethiraj and Ganapathy have executed a Special Power of Attorney in favour of petitioner, which has been registered on 02.02.2022.

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4.It is further submitted by the learned counsel for the petitioner that petitioner submitted a representation dated 14.03.2025 seeking survey of the subject property. However, the above representation has not been considered by the respondent till date. Aggrieved by the same, petitioner has come before this Court.

5.At the outset, learned Government Advocate for respondent would submit that the petitioner may have to submit an online application for survey of the subject property. He would further submit that if any online application is submitted in the appropriate manner /prescribed format and after paying appropriate fees, the same would be considered and orders would be passed in accordance with law within the time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.

6.In view thereof, the writ petition stands disposed of with liberty to the petitioner to submit an online application for survey of the subject property in appropriate manner/prescribed format by paying appropriate fees. If any such application is filed by the petitioner, the concerned 3/6

respondent shall consider and dispose of the same in accordance with law after affording reasonable opportunity of hearing to the petitioner, petitioner's brothers, adjacent land owners and any other interested party/rival claimants, if any, within a period of 8 weeks from the date of filing of such application by the petitioner. It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the concerned respondent to consider the application on its own merits and in accordance with law. No costs. 26.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No pam 4/6

To The Tahsildar, Thirukkalukundram Taluk, Chengalpattu District.

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MOHAMMED SHAFFIQ, J.

pam 26.06.2025 6/6