Manikandan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Manikandan Petitioner(s) Vs 1.The Tahsildar, Ulundurpet Taluk, Kalakurichi District.

2.The Surveyor, Edalavadi Revenue Village, Ulundurpet Taluk, Kallakurichi District.

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 consider the dispose of the petitioner's application dated 03/02/2025 bearing Application No.2025 / N 123 /33 / 0004847, seeking filed boundary measurement of lands situated in Edalavadi Village, comprising Naththam New Survey No.90 / 2Q ( Old Survey No.90 / 2) in accordance with law. For Petitioner(s) : Mr.M.Elumalai For Respondent(s) : 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. 1/4

2. The present writ petition is filed praying for a writ of Mandamus directing the respondents, to consider the dispose of the petitioner's application dated 03/02/2025 bearing Application No.2025/N123/33/0004847, seeking survey in respect of the land comprised in New Survey No.90/2Q (Old Survey No.90/2), Edalavadi Village.

3. It is submitted by the learned counsel for petitioner that he is the lawful owner of the properties comprised in New Survey No.90/2Q (Old Survey No.90/2), Edalavadi Village, Ulundurpet Taluk, Kallakurichi District, Elavanasoor, Kallakurichi Registration District. It is stated that petitioner acquired the subject property vide registered sale deeds bearing Document No.1423/1998 and that patta No.87 has also been mutated in petitioner's name as per the provisions of the Tamil Nadu Land Revenue Act. Thereafter, petitioner submitted an application dated 03.03.2025 seeking survey of the subject properties,and has also paid appropriate fees, however the same is stated to be kept pending. Hence this writ petition.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that the application submitted by the petitioner would be considered and appropriate orders would be passed within a 2/4

time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

5. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to consider the application made by the petitioner on its own merits, pass appropriate orders in accordance with law, after putting the petitioner on notice and after affording reasonable opportunity of hearing to the petitioner, adjacent land owners and any other interested persons/stake holders, including rival claimants, if any, within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs. 01.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

1.The Tahsildar, Ulundurpet Taluk, Kalakurichi District.

2.The Surveyor, Edalavadi Revenue Village, Ulundurpet Taluk, Kallakurichi District.

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