S.Malathi v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No. 20408 of 2025 S. Malathi
...Petitioner
Vs.
1. The Tahsildar, Madhavaram Taluk, Madhavaram at Puzhal Chennai 600 066
2. Thirunavukarasu No.38, Punitha Antoniyar Koil 3rd Street, Puzhal, Chennai 600 066. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 1st respondent to measure the petitioner's house and 4 1⁄2 feet breadth land situated in Old S.No.306/42, New S.No.652/27 and 839/11, Puzhal Village, Madhavaram Taluk to the extent of 448, 1486 sq.ft by disposing the written representation made by the petitioner on 19.09.2023 within a stipulated time.
For Petitioner : Mr.C.Prakasam For Respondents : Mr.A. Selvendran, Spl. Govt. Pleader - R1 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 2nd Respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the 1st respondent to measure the petitioner's house and 4 1⁄2 feet breadth lane situated in Old S.No.306/42, New S.No.652/27 and 839/11, Puzhal Village, Madhavaram Taluk to the extent of 448, 1486 sq.ft by disposing the written representation made by the petitioner on 19.09.2023 within a stipulated time.
3. It is submitted by the learned counsel for the petitioner that there exist a 10ft wide common pathway between the 2nd respondent house and one Chokkammal's property which connects to a 4 1⁄2 feet breath lane to reach petitioner's house. Wall of the 2nd respondent house is situated in the eastern side of the above lane. The 2nd respondent is attempting to put up sewerage pipeline. According to petitioner, the same would obstruct free movement in the abovesaid 2/5
narrow lane. Hence, the petitioner made a representation to the 1st respondent requesting to measure the above said lane, however, the 1st respondent has kept the same pending. Left with no other alternative, petitioner has filed the present writ petition.
4. At the outset, it was submitted by the learned Special Govt. Pleader appearing for respondents that the petitioner has submitted a representation on 19.09.2023 for measuring the property, he would submit that the petitioner may file a fresh application for measuring the property online and on such application being made, the same would be considered and appropriate orders would be passed after issuing notice and hearing the petitioner, 2nd respondent and other interested parties/rival claimants, within the time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. In view thereof, it is open to the petitioner to take out an online application seeking measurement of petitioner's property. If any such application is filed, the respondents shall consider the same and measure the property, after issuing notice to the petitioner, 2nd respondent, adjacent land owners, other 3/5
interested persons/rival claimants, if any, within a period of 8 weeks from the date of receipt of petitioner's application. It is made clear that this Court has not expressed any views with regard to the merits of the representation, the concerned respondent shall consider the representation on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
13.06.2025 Speaking (or) Non Speaking Order msr To The Tahsildar, Madhavaram Taluk, Madhavaram at Puzhal, Chennai 600 066 4/5
MOHAMMED SHAFFIQ, J.
msr W.P.No. 20408 of 2025 13.06.2025 5/5