L.Venkatesan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ L.Venkatesan, S/o.Lakshmanan ... Petitioner Vs.

The Tashildar, Taluk Office, Kallakurichi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 14.02.2025 consequently direct the respondent to survey the petitioner's property bearing S.No.372/2A in Konkarapalayam Village, Kallakurichi Taluk and District.

For Petitioner : Mr.S.N.Subramani For Respondent : Mr.P.Ganesan Government Advocate

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 1/4

direct the respondent to consider the representation dated 14.02.2025 made by the petitioner for surveying the land comprised in S.No.372/2A admeasuring 2 acres 7 cent situated at Konkarapalayam Village, Kallakurichi Taluk and District.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the subject property and he has been in enjoyment of the same by virtue of a Settlement Deed executed by his grandfather Mr.Periyasamy. It is stated that there is a Joint Patta in respect of the subject property bearing Patta No.2691. It is in these circumstances, the petitioner filed an online application viz., Application No.2024/0123/33/004576 dated 03.12.2024 seeking to survey the subject property. The petitioner had submitted a representation on 14.02.2025 before the respondent requesting to conduct survey of the subject property and has also paid necessary charges. However, no action has been taken by the respondent till date. Aggrieved by the same, the present writ petition has been filed before this Court.

4. On this being pointed out, the learned Government Advocate for the respondent would submit that they would consider the petitioner's representation dated 14.02.2025 and carry out a survey and complete the process within a time 2/4

frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, this Writ Petition stands disposed of with a direction to the respondent to consider the petitioner's representation dated 14.02.2025 and carry out a survey and complete the process within a period of eight (8) weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, 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 respondent to consider the matter on its own merits and in accordance with law. No costs. 09.07.2025 Speaking (or) Non Speaking Order arb To The Tashildar, Taluk Office, Kallakurichi District.

MOHAMMED SHAFFIQ, J.

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