Pradeepa Yokesh v. The Tahsildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ W.P. No. 21958 of 2025 Pradeepa Yokesh ... Petitioner Vs.
1. The Tahsildhar, Yercaud Taluk, Salem District, Tamil Nadu.
2. The Head Surveyor, Yercaud Taluk, Salem District, Tamil Nadu.
3. The Deputy Tahsildhar, Yercaud Taluk, Salem District, Tamil Nadu.
4. The Village Administrative Officer, Kommakadu Village, Yercaud, Salem District, Tamil Nadu.
... Respondents Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India seeking Writ of Mandamus or any other appropriate writ, directing the respondents 1 to 4 to conduct survey as per the Tamil Nadu Survey and Boundaries Act, 1923 for Survey No.6/1E, 6/5, 6/1G, 6/4, 6/1H3, 6/6, 6/1F2, 9/27A, 9/4A1A, admeasuring 3.11 acres, situated at Kommakadu Village, 1/5
Yercaud, Village No.4, Salem Kizhaku Reddy with adequate security. For Petitioners :
M/s. V. Srimathi For R1 to R4 :
Mr.A.Selvendran, Special 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.
2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 to 4 to conduct survey of the property comprised in Survey Nos.6/1E, 6/5, 6/1G, 6/4, 6/1H3, 6/6, 6/1F2, 9/27A, 9/4A1A, situated at Kommakadu Village, Yercaud, Village No.4, Salem Kizhaku Reddy with adequate security.
3. It is submitted by the learned counsel for the petitioner that the subject property comprised in Survey Nos.6/1E, 6/5, 6/1G, 6/4, 6/1H3, 6/6, 6/1F2, 9/27A, 9/4A1A, admeasuring 3.11 acres, situated at Village No.4, Salem Kizhaku Reddy, Kommakadu Village, Yercaud, was purchased by one Dwarakanathan through various sale deeds dated 24.01.1992, 04.03.1992, 2/5
02.07.1992, 11.02.1993, 05.05.1993 and 07.02.1994. Thereafter the said property was inherited by Dwarakanathan's son Kirankumar. The petitioner and her husband purchased the said property from Kirankumar on 25.11.2022 vide Doc.No.1668/2022.
3.1. It is submitted by the learned counsel for the petitioner that the petitioner submitted applications before the respondents to conduct survey and demarcate the boundaries, one of them being Application No.2025/0123/08/009834 dated 02.05.2025. It is further submitted that the petitioner has also paid necessary charges to carry out survey. However, no action has been taken by the respondents till date. Aggrieved by the same, the present writ petition has been filed before this Court.
4. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's application dated 02.05.2025 and carry out a survey 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, the writ petition stands disposed of with the direction to the respondents to consider petitioner's application dated 02.05.2025 and carry 3/5
out a survey and complete the process within a period of 8 weeks from the date of uploading of 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 matter on its own merits and in accordance with law. No costs.
23.06.2025 spp Index:Yes/No Speaking Order : Yes/No To:
1. The Tahsildhar, Yercaud Taluk, Salem District, Tamil Nadu.
2. The Head Surveyor, Yercaud Taluk, Salem District, Tamil Nadu.
3. The Deputy Tahsildhar, Yercaud Taluk, Salem District, Tamil Nadu.
4. The Village Administrative Officer, Kommakadu Village, Yercaud, Salem District, Tamil Nadu.
4/5
MOHAMMED SHAFFIQ, J.
spp W.P. No. 21958 of 2025 23.06.2025 5/5