Sanjay Sreenivas v. The Taluk Surveyor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sanjay Sreenivas Petitioner(s) Vs The Taluk Surveyor Office of the Taluk Surveyor, Madathukulam Taluk, Tiruppur District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to Survey and fix the boundaries of the petitioner's land measuring about 3.35 cents in Old S.F.No.376/ New S.F.No.376/3, situated at Papankulam Village, Madathukulam Taluk, Tiruppur District, based on the online application submitted by the petitioner dated 17.05.2025 within a time frame fixed by this Court. For Petitioner(s) : M/s.N.Umapathi For Respondent(s) : Mr.S.Balamurugan Government Advocate 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 respondent to survey and fix the boundaries of petitioner's land comprised in Old S.F.No.376/ New S.F.No.376/3, situated at Papankulam Village, Madathukulam Taluk, Tiruppur District, measuring an extent of 3.35 cents, based on petitioner's application dated 17.05.2025.

3. It is submitted by the learned counsel for petitioner that the land comprised in Old S.F.No.376/ New S.F.No.376/3, situated at Papankulam Village, Madathukulam Taluk, Tiruppur District, measuring an extent of 3.35 cents, originally belonged to petitioner's mother Sumathi. It is stated that petitioner's mother executed a will dated 06.09.2014 registered as Document No.125 of 2014 on the file of Sub-Registrar, Kaniyur bequeathing the above mentioned land and other properties in favour of petitioner. Thereafter, petitioner submitted an online application to respondent on 17.05.2025 seeking survey and fixation of boundaries and paid appropriate fees, however, the same is stated to be kept pending. Aggrieved, petitioner has approached this Court. 2/6

4. At the outset, it is submitted by Mr.S.Balamurugan, learned Government Advocate for respondent that that they would consider the petitioner's application and pass appropriate order on merits after issuing notice to the petitioner and other interested parties, within a time frame to be fixed by this Court. Agreed to by the 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 respondent shall consider the application/representation dated 17.05.2025 in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any.

ii) 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 to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

iii) If any request for police protection is sought, the same shall be extended by the jurisdictional police station for the purpose of carrying out survey.

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iv) 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 and all other interested parties are left open. No costs. 09.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

The Taluk Surveyor Office of the Taluk Surveyor, Madathukulam Taluk, Tiruppur District.

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MOHAMMED SHAFFIQ, J.

mka 09.07.2025 6/6