G.Savith v. The Tahsildar
In the High Court of Judicature at Madras Dated : 30.4.2025 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.16591 of 2025 & WMP.No.18766 of 2025 G.Savith
...Petitioner
Vs 1.The Tahsildar, Vanapuram Taluk, Office of the Tahsildar, Vanapuram & Taluk, Kallakurichi District.
2.The Assistant Engineer, TNEB, Vada Ponparappi, Vanapuram Taluk, Kallakurichi District.
605702.
3.Mr.Dharmalingam 4.Mr.Arumugam
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to survey and earmark the boundaries pertaining to the land comprised in Survey No.47/2A6, Vadaponparappi, Vanapuram Taluk, Kallakurichi District admeasuring 62 1/3 Cents within a time frame that may be fixed by this Court.
1/4
For Petitioner :
Ms.D.Geetha For R1 :
Mr.P.Sathish, AGP
ORDER
The writ petition has been filed for the issuance of a Writ of Mandamus to direct the first respondent to conduct a survey in respect of the property in Survey No.47/2A6, Vadaponparappi, Vanapuram Taluk, Kallakurichi District admeasuring 62 1/3 Cents and demarcate its boundaries.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the first respondent. In view of the limited nature of the relief this Court proposes to grant, the writ petition itself is taken up for final disposal without ordering notice to respondents 2 to 4.
3. The petitioner relies upon (i) the sale deed dated 12.7.1990 and (ii) the online field measurement book with the sub-division issued on 31.7.2024. The grievance of the petitioner is that a survey has to be conducted in respect of the subject property for demarcation of its boundaries for the reason that respondents 3 and 4 trespassed into the subject property and that on verification, the petitioner and his brother - one Mr.Sathish came to know that the patta has been 2/4
transferred recently in respect of new S.No.47/2A6A and new patta No.1292 in the names of some third parties. In this regard, though the petitioner's brother sent a representation to the first respondent on 09.8.2024, the same has not yet been considered. The petitioner also made an online application dated 08.4.2025 to the first respondent by paying necessary charges. But, nothing was forthcoming. Hence, the above writ petition has been filed before this Court.
4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, the writ petition is disposed of with a direction to the first respondent to conduct a survey in respect of the subject property based on the title documents relied upon by the petitioner and the revenue records and demarcate its boundaries within a period of four weeks from the date of receipt of a copy of this order. It goes without saying that if there are any other interested parties, the survey shall be conducted only in their presence. No costs. Consequently, the connected WMP is closed. 30.4.2025 3/4
N.ANAND VENKATESH,J RS To 1.The Tahsildar, Vanapuram Taluk, Office of the Tahsildar, Vanapuram & Taluk, Kallakurichi District.
2.The Assistant Engineer, TNEB, Vada Ponparappi, Vanapuram Taluk, Kallakurichi District.
605702.
WP.No.16591 of 2025& WMP.No.18766 of 2025 30.4.2025 4/4