Paramaguru Rajesh Shanmugam v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Paramaguru Rajesh Shanmugam ... Petitioner Vs.

1.The Tahsildhar, Perundurai Taluk, Erode District.

2.The Taluk Surveyor, Thenmugam Vellode Village, Perundurai Taluk, Erode District. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to conduct survey and measurement in respect of the land in Survey No.310/1, 310/2A & 310/1A1 located in Thenmugam Vellode Village, Perundurai Taluk, Erode District, and it is vast property which are bifurcated into several plots and accordingly the petitioner has taken possession of the plots nos.230, 231, 262, 263, 228, 229, 264, 265 and to issue survey report to the petitioner within a time frame fixed by this Court and pass orders.

For Petitioner(s) : Mr.S.Chandrasekar For Respondent(s) : Mr.A.Selvendran Special Government Pleader 1/5

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 respondents to conduct survey and measurement in respect of the land comprised in Survey No.310/1, 310/2A & 310/1A1 situated at Thenmugam Vellode Village, Perundurai Taluk, Erode District.

3. It is submitted by the learned counsel for the petitioner that the petitioner submitted an online application dated 03.04.2025 before the respondents to conduct survey and measure the subject property comprised in Survey No.310/1, 310/2A & 310/1A1 situated at Thenmugam Vellode Village, Perundurai Taluk, Erode District and paid necessary charges. However, the said application was not considered by the respondents till date. Hence the petitioner has filed the present writ petition.

4. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's online application dated 03.04.2025 and carry out survey and measurement and complete the process 2/5

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

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5. In view thereof, the writ petition stands disposed of with following directions;

i) The respondents shall consider the application dated 03.04.2025 in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any. ii) Though facts have been set out extensively in the affidavit, this court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

iii) The entire process shall be completed within a period 8 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy.

iv) 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. Rights and contentions of the petitioner and all other interested parties are left open. 3/5

6. There will be no order as to costs.

26.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

1.The Tahsildhar, Perundurai Taluk, Erode District.

2.The Taluk Surveyor, Thenmugam Vellode Village, Perundurai Taluk, Erode District.

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MOHAMMED SHAFFIQ, J.

mrn 26.06.2025 5/5