Sadasivam v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Sadasivam : Petitioner Vs.

The Tahsildar, Poonamalle Taluk Office, Ettima Nagar, Poonamallee, Chennai Tamil Nadu 600 123 : Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondent to consider the representation of the petitioner and to survey the property situated at Ponamallee Taluk, Tiruvallur District, No.26, Paleri Pattu Village, Kamaraja Nagar, Surgunam Street in Natham Survey No.1/1, property measuring to extent of 1634 sq.ft with house within the sub-registration District of South Chennai within the SubRegistrar Office, Avadi. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.R.P.Murugan Raja, Government Advocate

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 1/5

the respondent to consider the representation of the petitioner and to survey the property comprised in Survey No.1/1, measuring an extent of 1634 sq.ft situated at Ponamallee Taluk, Tiruvallur District No.26, Paleri Pattu Village, Kamaraja Nagar, Surgunam Street in Natham with house within the sub-registration District of South Chennai within the Sub-Registrar Office, Avadi.

3. It is submitted by the learned counsel for the petitioner that petitioner's mother obtained the subject property vide Settlement deed dated 27.04.1983 registered in Document No.2020 of 1983 on the file of SRO, Poonamallee. After, her demise, petitioner's brother executed a release deed in favour of the petitioner vide Document No.1274 of 2014 on the file of SRO Poonamallee, in respect of the subject property. Thereafter, the petitioner submitted an online application dated 13.05.2025 before the respondent to survey the subject property and paid necessary fees. The said application was not considered by the respondent till date. 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 online application dated 13.05.2025 2/5

and survey 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, the writ petition stands disposed of with the direction to the respondent to consider petitioner's application dated 13.05.2025 and carry out survey 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 respondent to consider the matter on its own merits and in accordance with law. No costs.

07.07.2025 Speaking (or) Non Speaking Order mrn To The Tahsildar, Poonamalle Taluk Office, 3/5

Ettima Nagar, Poonamallee, Chennai Tamil Nadu 600 123 4/5

MOHAMMED SHAFFIQ, J.

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