U. Purushothaman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ U.Purushothaman ... Petitioner(s) Vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.The Tahsildar, Kurinjipadi Taluk, Cuddalore District.

...Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to measure the petitioner's land and fix a boundary in S.No.80/1A2 old survey number 80/1 in Puliyoor Kilaku Village, Kurinjipadi Taluk, Cuddalore District on the basis of his application dated 09.09.2024 within the time framed by this Honble court.

For Petitioner(s) : Mr.K.Gandhi Kumar For Respondent(s) : Mr.A.Selvendran for R1 & R2 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 the 2nd respondent to measure and fix a boundary the of petitioner's land comprised in S.No.80/1A2, Old S.No.80/1, measuring an extent of 1.90 acres, situated at Puliyoor Kilaku Village, Kurinjipadi Taluk, Cuddalore District, on the basis of petitioner's application dated 09.09.2024, within a time frame to be fixed by this Court. 3.It is submitted by the learned counsel for the petitioner that petitioner's father purchased the above mentioned property from one Gomathi and her son Ramki vide Sale Deed dated 05.07.2018, registered as Document No.1245/2018 before the Sub Registrar, Kullanjavadi, Cuddalore. It is submitted that ever since purchase, petitioner's family has been in continuous possession and enjoyment of the said property. 4.It is further submitted by the learned counsel for petitioner that on 02.04.2022, petitioner's father died leaving behind petitioner, his 2/6

mother, sister, brother and grandmother as his legal heirs. It is submitted that petitioner applied to the 2nd respondent for surveying the subject property and had paid necessary fees for the same. However, the survey has not been carried out by the 2nd respondent. Thereafter, petitioner submitted an application dated 09.09.2024 to the respondents to carry out survey. However, the above representation has not been considered by the respondents till date. Hence, the present writ petition has been filed before this Court.

5.At the outset, learned Special Government Pleader for the respondents would submit that they would conduct survey and fix boundaries of the subject property within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner. 6.In view thereof, the writ petition stands disposed of with a direction to the 2nd respondent to conduct survey and fix boundaries of the subject property, after putting the petitioner, legal heirs, adjacent land owners and other interested parties including rival claimants, if any, on notice, within a period of 12 weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views 3/6

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.

01.07.2025 Index : Yes/ No Speaking / Non Speaking Order pam 4/6

To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Tahsildar, Kurinjipadi Taluk, Cuddalore District.

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MOHAMMED SHAFFIQ, J.

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