Selvam v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Selvam ... Petitioner Vs.
1. The Tahsildar, Chetpet Taluk, Thiruvannamalai District.
2. The Head Surveyor, Chetpet Taluk, Thiruvannamalai District.
3. P.Boobalan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 1 & 2 to carryout survey of the land in Survey No.379/3B3 situated in Nedungunam Village, Chetpet Taluk, Thiruvannamalai District on the basis of the registered sale deeds, patta and FMB sketches issued by the official respondents within a time frame to be fixed by this Court.
For Petitioner :
Mr.R.Sunil Kumar For Respondents :
Mr.A.Selvendran Spl. Govt. Pleader for R1 & R2
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 & 2 to survey the property of petitioner comprised in Survey No.379/3B3 situated in Nedungunam Village, Chetpet Taluk, Thiruvannamalai District on the basis of the registered sale deeds, patta and FMB sketches issued by the official respondents.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. since no adverse order is going to be passed, notice to third respondent is dispensed with.
3. The case of the petitioner is that the property mentioned in the petition is an ancestral property and the same was partitioned between the
legal heirs in which petitioner was allotted 'E' schedule property comprised in Survey No.379/3B3 situated at Nedungunam Village, Chetpet Talk, Thiruvannamalai District and patta was issued in respect of the property. Petitioner wanted a survey to be conducted in the subject property. Therefore, he made an application to respondents 1 & 2 on 08.01.2025 enclosing all necessary details along with the prescribed payment of fee. Since the same was not considered, the present writ petition has been filed.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 & 2 that they will consider the petitioner's application within a period of eight weeks, which was agreed to by learned counsel for petitioner.
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 concerned respondent shall consider the application dated 08.01.2025 in accordance with law, after
issuing notice to petitioner, third respondent, petitioner's father and his brothers and sisters, adjacent land owners and all other interested parties including rival claimants, if any; ii) Though facts have been set out in the extent of affidavit, this court does not propose to deal with it while leaving it open to the concerned respondent to call for any document / conduct enquiry, if any, while considering the application necessary for conducting survey of subject property. It is also open to the concerned respondent to call for documents 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 eight weeks from the date of uploading of the web copy without waiting for the receipt of certified copy; and iv) It is made clear that this Court has not expressed any view 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 of the petitioner and all other interested parties are left open.
6. With the above directions, this Writ Petition is disposed of. No costs.
04.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The Tahsildar, Chetpet Taluk, Thiruvannamalai District.
2. The Head Surveyor, Chetpet Taluk, Thiruvannamalai District.
MOHAMMED SHAFFIQ, J.
vji 04.07.2025