Partha Sarathy v. The District Commissioner Of Survey And Settlement

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Partha sarathy ... Petitioner Vs.

1.The District Commissioner of Survey and Settlement, Commissioner of Survey and Land Revenue Office, 2.The Tahsildar, Tahsildar Office, Uthiramerur Taluk, 3.The Assistant Surveyor, Tahsildar Office, Uthiramerur Taluk, 4.Rajendiran ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second and third respondents herein to conduct survey and fix the boundary stones for petitioner's property, comprised in New Survey No.390/3 and Patta No.207 in 5.42 acre or 13.39 cent within the boundaries of Edamichi Village, Uthiramerur Taluk, Kanchipuram District, by considering petitioner's representation dated 21.06.2025 and pass orders.

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For Petitioner(s) : Mr.S.Kasirajan For Respondent(s) : Mr.P.Ganesan Government Advocate for R1 to R3

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 Respondent No.4 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the second and third respondents herein to conduct survey and fix the boundary stones in the petitioner's property, comprised in New Survey No.390/3 and Patta No.207, measuring an extent of 5.42 acre or 13.39 cents within the boundaries of Edamichi Village, Uthiramerur Taluk, Kanchipuram District, by considering petitioner's representation dated 21.06.2025.

3. It is submitted by the learned counsel for the petitioner that the petitioner's father is the absolute owner of the subject property. After the demise 2/6

of petitioner's father, petitioner inherited the subject property. While so, the fourth respondent encroached upon a portion of the subject property. Hence, the petitioner filed an online application dated 17.07.2023 before the second respondent to survey and fix the boundaries by metes and bounds in the subject property and has also paid necessary charges. The said application was not considered by the second respondent till date. Thereafter, the petitioner again submitted a representation dated 21.06.2025 before the second and third respondents requesting to survey and fix boundary stones in the subject property. The said representation has not been considered so far. 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's online application dated 17.07.2023 and carry out survey and fix boundary stones in 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 second and third respondents to consider petitioner's online application dated 3/6

17.07.2023 and carry out survey and fix boundary stones 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, respondent No.4, 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.

11.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

1.The District Commissioner of Survey and Settlement, Commissioner of Survey and Land Revenue Office, 4/6

2.The Tahsildar, Tahsildar Office, Uthiramerur Taluk, 3.The Assistant Surveyor, Tahsildar Office, Uthiramerur Taluk, 5/6

MOHAMMED SHAFFIQ, J.

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