V.Chinnaraj v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Chinnaraj Petitioner(s) Vs 1.The Tahsildar Harur Taluk, Dharmapuri District-636 903 2.The Taluk Surveyor, Harur, Dharmapuri District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to survey the land in survey No.379/2B and 614/1B3 measuring an extent of 0.41.00 hectare and 0.60.66 hectares of land, situated at Keeripatti village, Attur Taluk, Salem District with the aid of the 3rd respondent within the time frame fixed by this Honourable Court.

For Petitioner(s) : Mr.J.Pradeep For Respondent(s) : Mr.A.Selvendran Special Government Pleader 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 1st and 2nd respondents to survey the land in Survey Nos.379/2B and 614/1B3 measuring an extent of 0.41.00 hectares and 0.60.66 hectares of land respectively, situated at Keeripatti Village, Attur Taluk, Salem District, with the aid of the 3rd respondent.

3. Mr.A.Selvendran, learned Special Government Pleader for respondents would submit that though prayer in the writ petition relates to Survey Nos.329/2B and 614/1B3 situated at Keeripatti Village, Attur Taluk, Salem District, however, during the course of hearing, it was pointed out that the writ petition relates to the property comprised in Survey Nos.18/2D1, 18/2D3 and 19/163 situated at Bodinayakkanpatti Village, Harur Taluk, Dharmapuri District.

4. It is then submitted by the learned counsel for the petitioner that petitioner is the owner of the properties comprised in Survey Nos.18/2D1, 18/2D3 and 19/163 situated at Bodinayakkanpatti Village, Harur Taluk, Dharmapuri District. The petitioner derived title to the above property by virtue 2/6

of settlement deed dated 27.11.2002. It is further submitted that there has not been any sub-division of the land in accordance with the settlement deed. The petitioner would therefore request the respondents to sub-divide the properties comprised in Survey Nos.18/2D1, 18/2D3 and 19/163 and issue individual patta in the name of petitioner. It is further submitted that the petitioner has also paid necessary fees, however, the petitioner's representation has not been considered by the respondent till date. Hence, the present writ petition has been filed before this Court.

5. Learned Special Government Pleader for respondents would further submit that survey of petitioner's property would be completed with a period of 8 weeks from the date of receipt of a copy of this order and thereafter they would carryout sub-division of land and issue patta as expeditiously as possible. Agreed to by the learned counsel for petitioner.

6. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to carry out survey within a period of 8 weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants, if any. The respondents shall thereafter proceed to sub-divide the 3/6

subject property and issue patta to the petitioner as expeditiously as possible. 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. No costs. 03.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The Tahsildar Harur Taluk, Dharmapuri District-636 903 2.The Taluk Surveyor, Harur, Dharmapuri District.

MOHAMMED SHAFFIQ, J.

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