Govindan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Govindan ... Petitioner Vs.

The Tahsildar, Vanapuram Taluk, Kallakurichi District.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondent to consider the petitioner's application dated 24.01.2025 and 18.04.2025 and directing the respondent to measure, sub-divide and fix the boundary in S.No.51/2C at Periya Killiyur Village, Vanapuram Taluk, Kallakurichi District.

For Petitioner :

Mr.V.Gunasekar For Respondent :

Mr.P.Sathish Additional Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondent to measure, sub-divide and fix the boundary in the subject property pursuant to the application submitted by the petitioner on 18.04.2025.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of petitioner is that the agricultural land comprised in Survey No.51/2C measuring an extent of 0.32.50 hectares at Periya Killiyur Village, Vanapuram Taluk, Kallakurichi District originally belongs to petitioner's father viz., Muniyan and he is the absolute owner of the subject property. Joint patta was issued vide Patta No.5537 including the name of petitioner's father. Muniyan died on 25.01.2007. After his demise, petitioner and his family members were in joint enjoyment and possession of the property. Petitioner wanted a survey to be conducted in the subject property

in order to measure and sub-divide the land Accordingly, application was submitted by remitting necessary charges on 18.04.2025. Since the same was not acted upon, the present writ petition has been filed.

4. At the outset, it is submitted by learned Additional Government Pleader for respondent that he will consider the petitioner's application and measure the petitioner lands and sub-divide the same within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by learned counsel for petitioner.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this petition, this Writ Petition is disposed of with a direction to the respondent to consider the petitioner's application dated 18.04.2025 to carry out survey and sub-divide the petitioner's land and pass appropriate orders after affording reasonable opportunity of hearing to petitioner, adjacent land owners and any other interested parties / rival claimants, if any, within a period of eight weeks

from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the respondent to consider the case on its own merits and in accordance with law. No costs.

13.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To The Tahsildar, Vanapuram Taluk, Kallakurichi District.

MOHAMMED SHAFFIQ, J.

vji 13.06.2025