G.Narayanan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Narayanan ... Petitioner(s) Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Thiruvallur District.

2.The Tahsildar, Avadi Taluk Office, Avadi, Thiruvallur District.

3.The Surveyor, Avadi Taluk Office, Avadi, Thiruvallur District.

4.Padmini 5.Kandasamy ... Respondent(s) 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 fix boundaries of the lands comprised in old Door No.44/10, New Door No.29/29 (Ward E, Block No.49, S.No.150/3- Part, 150/2A1-Part 2B Part, 2C Part T.S.No.82/1 an extent of 150 Square Meter or 1615 Square Feet) Thandarai Village, Pattabiram, Thiruvallur 1/6

District within a time frame to be fixed by this Court based on petitioner representation, dated 28.03.2025.

For Petitioner(s) : Mr.S.Mohana Sundara Rajan For Respondent(s) : Mr.P.Sathish for R1 to R3 Additional Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 4th and 5th respondents are dispensed with. 2.The present writ petition is filed praying for a writ of mandamus, to direct the respondents to conduct survey and fix boundaries of the lands comprised S.No.150/3- Part, 150/2A1-Part 2B Part, 2C Part T.S.No.82/1, measuring an extent of 150 Square Meter or (1615 Square Feet) situated at Thandarai Village, Pattabiram, Thiruvallur District within a time frame to be fixed by this Court based on petitioner representation, dated 28.03.2025.

3.It is submitted by the learned counsel for the petitioner that the property comprised in S.No.150/2 measuring an extent of 00.03 cents and S.No.150/3, measuring an extent of 00.02 cents was purchased by 2/6

petitioner's father Ganesan and his brothers Murugan from Paramasivam Mudaliyar on 18.11.1974 vide registered Document No.2912 of 1974 before the Sub Registrar Office, Poonamallee. The said Murugan died on 13.06.1981 without getting married. Therefore, petitioner's father viz., E.Ganesan Reddiyar become the absolute owner of the property and he died on 05.09.1994 leaving behind his wife Mrs.Savithri, daughter Valli alias Valliammal and his son viz., the petitioner herein. Petitioner, his mother and sister jointly sold a portion of the above said property. Petitioner's mother and sister executed a Release Deed relinquishing their 2/3rd share to the petitioner on 12.01.2024 and the same was registered as Document No.402 of 2024 before the Sub Registrar Office, Avadi.

It is further submitted that petitioner's parents has been enjoying the property for the past 50 years and thereafter, petitioner continued to enjoy the property after getting Release Deed from his mother and sister. 4.Learned Additional Government Pleader for the respondents would submit that they would conduct survey and fix boundaries of the subject property within a time frame to be 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 a direction to the respondents to conduct survey and fix boundaries, after putting the petitioner, respondents 4 and 5, adjacent land owners and other interested parties including rival claimants if any on notice, within a period of 8 weeks from the date of receipt of a copy of this order. 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 Speaking (or) Non Speaking Order Index : Yes/ No pam 4/6

To 1.The Revenue Divisional Officer, Revenue Divisional Office, Thiruvallur District.

2.The Tahsildar, Avadi Taluk Office, Avadi, Thiruvallur District.

3.The Surveyor, Avadi Taluk Office, Avadi, Thiruvallur District.

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MOHAMMED SHAFFIQ, J.

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