S.R.Gopalakrishnan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.R.Gopalakrishnan ... Petitioner Vs.

The Tahsildar, Kundrathur Taluk Office, Kundrathur Taluk, Kanchipuram District.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondent to furnish the survey report of the Petitioner's property bearing S.No.43/1A2, Patta No.531, measuring an extent of 2,193 sq.ft., situated at Kollacherry Village, Kundrathur Taluk, Kanchipuram District. For Petitioner : Mr.V.Senthil For Respondent : Mr.A.Selvendran Special Government Pleader 1/6

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 respondent to furnish the survey report of petitioner's property in respect of Patta No.531, comprised in S.No.43/1A2, measuring an extent of 2,193 sq.ft., situated at Kollacherry Village, Kundrathur Taluk, Kanchipuram District. 3.It is the case of petitioner that he submitted an application dated 13.09.2022 to respondent to measure his property and had paid necessary fees for the same. The above application was not considered by respondent. It is submitted that after partial demolition of his property by Tamil Nadu Highways Department in 2023, he filed a writ petition in W.P.No.15749 of 2023 to restrain Tamil Nadu Highways Department from demolishing his property. This Court vide order dated 27.06.2023 directed the respondent therein to measure his property as per his application dated 13.09.2022.

2/6

4.It is further submitted that subsequent to the above order, respondent visited his property and carried out measurement on 26.05.2023. Thereafter, respondent has not furnished survey report. It is submitted that petitioner submitted an application dated 27.07.2023 under Right to Information Act, to furnish the report, however there was no reply for the same. Thereafter, petitioner proceeded to file appeals dated 24.10.2023 and 02.01.2024 to Public Information Officer and State Information Commission to furnish the report. It is thus submitted by learned counsel for petitioner that survey report has not been furnished by respondent till date. Aggrieved by the same, the present writ petition has been filed.

5.At the outset, learned Special Government Pleader for respondent would submit that survey is yet to be completed after issuing notice to petitioner, adjacent land owners and all other interested parties including rival claimants, if any. After completion of survey, a report would be furnished to petitioner within a time frame to be fixed by this Court, which was agreed to by learned counsel for the petitioner. 3/6

6.In view thereof, the writ petition stands disposed of with a direction to respondent to complete survey after issuing notice to petitioner, adjacent land owners and all other interested parties including rival claimants, if any and after completion of survey, a report would be furnished to petitioner within a period of 8 weeks from the date of receipt of a copy of this order. 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.

11.07.2025 Index : Yes/ No Speaking / Non Speaking Order pam 4/6

To The Tahsildar, Kundrathur Taluk Office, Kundrathur Taluk, Kanchipuram District.

5/6

MOHAMMED SHAFFIQ, J.

pam 11.07.2025 6/6