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Madras High CourtWP/17953/2025disposed of

S.Venkatesh v. The Tahsildar

2025-06-05Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ S.Venkatesh .. Petitioner Vs.

The Tahsildar, Omalur, Omalur Taluk, Salem District.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to survey the property in Survey No.251/5, 249/1, 249/1H1B, 1124A & 7A at Sesiyankadu Kamalapuram Village, Omalur Taluk, Salem District by considering the petitioner's application dated 14.05.2024, 30.05.2024 & 08.10.2024.

For Petitioner : Mr. M.Elango For Respondent : Mr. P.Ganesan, Government Advocate

O R D E R

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 seeking issuance of Writ of

Mandamus directing the respondent to survey the property in Survey No.251/5, 249/1, 249/1H1B, 112, 4A & 7A at Sesiyankadu Kamalapuram Village, Omalur Taluk, Salem District by considering the petitioner's application dated 14.05.2024, 30.05.2024 & 08.10.2024.

3. Learned counsel for the petitioner would submit that the petitioner had purchased agricultural lands comprised in Survey Nos.249/11, 249/1H, 249/4 and 249/7, vide sale deed dated 17.02.2021 in document No.1849/2021. The petitioner has, thereafter sought for survey of the above property vide his applications dated 14.05.2024, 30.05.2024 and 08.10.2024. Since the petitioner's applications were not considered by the respondent till date, the present writ petition has been filed before this Court.

4. Mr. P.Ganesan, learned Govt. Advocate, who takes notice for the respondent, on instructions, would submit that they would consider the petitioner's application dated 08.10.2024 and carry out a survey, demarcate the subject property and complete the process within a time

frame fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the writ petition stands disposed of with the direction to the respondent to consider petitioner's application dated 08.10.2024 seeking to survey the property and carry out a survey, demarcate the subject property and complete the process 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. If there are any rival claimants, such survey would be conducted in their presence. 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.

05.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order msr MOHAMMED SHAFFIQ, J.

msr To The Tahsildar, Omalur, Omalur Taluk, Salem District.

05.06.2025