Shanmugam v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Shanmugam

...Petitioner(s)

vs.

1.The Tahsildar, Taluk Office, Pappireddipatti, Dharmapuri District.

2.Taluk Surveyor, Taluk Office, Pappireddipatti, Dharmapuri District.

... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to conduct survey of the petitioner's property comprised in Survey No.26/2A & 27/1B1 bearing Patta No.1272 and 1281 situated at Bairnatham Village and Post, Pappireddipatti Taluk, Dharmapuri District.

For Petitioner(s) : Ms.Jyothi J For Respondent(s) : Mr.P.Sathish Additional 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 to conduct a survey of the property comprised in Survey No.26/2A and 27/1B1 bearing Patta No.1272 and 1281.

3. It is submitted by the learned counsel for petitioner that originally the property comprised in Survey No.26/2A, 27/2B1 bearing Patta No.1272 and 1281 belonged to petitioner's father Angachari. Petitioner states that he is the absolute owner of the subject property in terms of Will bearing No.20 of 1998 dated 01.06.1998 executed by petitioner's father. It is further stated that petitioner submitted an online application, seeking survey of subject property and has also paid the appropriate fees, however, the same has not been conducted till date. Hence, this writ petition.

4. Mr.P.Sathish, learned Additional Government Pleader for respondent would submit that the representation of the petitioner seeking survey would be considered and orders would be passed after putting the petitioner and other interested parties on notice, within the time frame to be fixed by this Court. 2/4

5. In view thereof, the writ petition stands disposed of with the direction to the appropriate respondent to consider the application submitted by the petitioner, carry out a survey and complete the process within a period of 8 weeks from the date of uploading of web copy without waiting for 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.

27.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The Tahsildar, Taluk Office, Pappireddipatti, Dharmapuri District.

2.Taluk Surveyor, Taluk Office, Pappireddipatti, Dharmapuri District.

3/4

MOHAMMED SHAFFIQ, J.

mka 27.06.2025 4/4