A.Sivakumar v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Sivakumar ... Petitioner Vs.
1.The Tahsildar, Kallakurichi, Kallakurichi Taluk, Kallakurichi District.
2.The Surveyor, Kallakurichi, Kallakurichi Taluk, Kallakurichi 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 survey the lands and fix boundary stones in respect of Punja Survey Nos.11/1B, 9/1A3, 15/3A2, 9/1B1, 9/1D, 9/2 and 132/3A having properties situated at Eliyathur Village, Kallakurichi Taluk and Kallakurichi District on the basis of the petitioner's application dated 20.03.2025 within a reasonable time that may be fixed by this Court and pass orders.
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For Petitioner(s) : Mr.P.Rajavel For Respondent(s) : Mr.S.Balamurugan Government Advocate for R1 and R2
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 survey the lands and fix boundary stones in respect of Punja properties comprised in Survey Nos.11/1B, 9/1A3, 15/3A2, 9/1B1, 9/1D, 9/2 and 132/3A situated at Eliyathur Village, Kallakurichi Taluk and Kallakurichi District on the basis of the petitioner's application dated 20.03.2025 within a reasonable time that may be fixed by this Court.
3. It is submitted by the learned counsel for the petitioner that petitioner's father purchased the subject property. After the demise of petitioner's father, petitioner inherited the subject property and patta has also been issued in favour of the petitioner in Patta Nos.169, 194 and 745. Thereafter, the petitioner submitted an online application dated 20.03.2025 to carry out survey and fix 2/5
boundaries stones in the subject property and has also paid necessary charges. The said representation was not considered so far. Hence the petitioner has filed the present writ petition.
4. On this being pointed out, the learned Government Advocate would submit that they would consider the petitioner's application dated 20.03.2025 and carry out survey and fix boundary stones in the subject property and complete the process 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, there shall be a direction to the respondents to consider petitioner's application dated 20.03.2025 and carry out survey and fix boundary stones in the subject property and complete the process within a period of 8 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. 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 case on its own merits and in accordance with law.
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6. Accordingly, this writ petition stands disposed of. No costs. 16.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
1.The Tahsildar, Kallakurichi, Kallakurichi Taluk, Kallakurichi District.
2.The Surveyor, Kallakurichi, Kallakurichi Taluk, Kallakurichi District.
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MOHAMMED SHAFFIQ, J.
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