Santhi v. The Tahsildhar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Santhi Petitioner(s) Vs 1.The Tahsildhar, Taluk Office, Arni Taluk, 2.Taluk Surveyor, Taluk Office, Arni Taluk, 3.S.Sivasankar Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to dispose of petitioner's representation dated 27/12/2024 directing the 1st and 2nd respondents to conduct survey of the petitioner's property comprised in Survey No.258 /10, bearing Patta No.85 situated at Perumul Koil Street, Panaiyur Village and Post, Arani Taluk, For Petitioner(s) : Ms.J.Pavithra For Respondent(s) : Mr.P.Sathish 1 & 2 Additional 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 3rd Respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus directing to dispose of petitioner's representation dated 27/12/2024 to conduct survey of the petitioner's property comprised in Survey No.258 /10, bearing Patta No.85 situated at Perumul Koil Street, Panaiyur Village and Post, Arani Taluk,

3. It is submitted by the learned counsel for petitioner that petitioner is the absolute owner of the agricultural land comprised in Old Survey No.190 and Present Survey No.258/10, bearing Patta No.85, situated at Bajanai Koil Street, Paniyur Village and Post, Arai Taluk and Thiruvannamalai District. It is stated that petitioner submitted a representation on 27.12.2024 seeking survey along with police aid and paid appropriate fees, however, the same has not been carried out till date. Aggrieved, petitioner has approached this Court.

4. At the outset, it is submitted by Mr.Mohammed Sathik, learned 2/6

Government Advocate for respondents that they would consider petitioner's representation and pass appropriate orders in accordance with law after affording the petitioner, 3rd respondent and other interested parties a reasonable opportunity of hearing within a time period to be fixed by this Court.

5. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) The respondents shall consider the representation dated 27.12.2024 in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any. ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) 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. Rights and contentions 3/6

of the petitioner and all other interested parties are left open.

6. There shall be no order as to costs.

07.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The Tahsildhar, Taluk Office, Arni Taluk, 2.Taluk Surveyor, Taluk Office, Arni Taluk, 5/6

MOHAMMED SHAFFIQ, J.

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