Chetan.P v. The Tasildahr

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Chetan

...Petitioner(s)

Vs.

1.The Tahsildar, Sholinganallur Taluk, Chennai.

2.Mr.Felix

...Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent herein to appoint the land surveyor to conduct land survey for the survey numbers 141/3A1I1 and 141/3A112 and to earmark the boundaries after issuing notice to all concerned.

For Petitioner(s) : Mr.S.S.Rajesh For Respondent(s) : Mr.P.Sathish Additional Government Pleader

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 2nd Respondent is dispensed with.

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2. The present writ petition is filed praying for a writ of Mandamus to direct the first respondent herein to appoint the land surveyor to conduct land survey in respect of the properties comprised in Survey Nos.141/3A1I1 and 141/3A1I2, situated at Plot No.43/1, Heritage Vijayendra Nagar-Phase I, Perungudi, Chennai-600 096.

3. It is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents that petitioner has submitted online application only in respect of the property comprised in Survey No.3A1I2 and not in respect of Survey No.141/3A1I1. He would further submit that if an online application is made in respect of the aforesaid survey number, the same would be considered and survey would be conducted in respect of both survey numbers in accordance with law, after issuing notice and affording reasonable opportunity of hearing to petitioner, 2nd respondent and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

4. In view thereof, the writ petition stands disposed of. It is open to the petitioner to take out a fresh online application in respect of the other survey number before the appropriate authority. If any such application is filed, the appropriate respondent shall consider the same and conduct survey in 2/4

accordance with law after issuing notice and after affording the petitioner, 2nd respondent and other interested parties a reasonable opportunity of hearing. 5.1. 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, if any, while considering the petitioner's representation.

5.2. 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 of the petitioner, 2nd respondent and all other interested parties are left open. No costs.

28.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

The Tahsildar, Sholinganallur Taluk, Chennai.

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MOHAMMED SHAFFIQ, J.

mka 28.07.2025 4/4