G.Bakiya v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Bakiya Petitioner vs.
1.The Tahsildar, Taluk Office Campus, Tirupattur.
2.The Land Surveyor, Tirupattur Taluk, Tirupattur District.
3.The Superintendent of Police, Tirupattur District, Tirupattur.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 and 2 to survey and measure the boundaries of the petitioner's land in Survey No.55, Sub-Division No.49, Area (Hec/Ares) 0-36.86 or 91 cents in Chakkarakuppam Village, Tirupattur Taluk, Tirupattur District, within the stipulated time fixed by this Court.
For Petitioner(s) : Mr.C.T.Murugappan For Respondent(s) : Mr.R.P.Murugan Raja Government Advocate for R1 and R2 1/6
Mr.R.Venkatesa Perumal Government Advocate (Crl.side) for R3
O R D E R
This Writ Petition has been filed seeking issuance of a writ of Mandamus directing respondents 1 & 2 to survey and measure the boundaries of petitioner's land comprised in Survey No.55, Sub-Division No.49 measuring an extent of 91 cents situated in Chakkarakuppam Village, Tirupattur Taluk, Tirupattur District, within a time fixed by this Court.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that the petitioner is the absolute owner of the property comprised in Old Survey No.55/2B, New Survey No.55, Sub Division No.49, measuring an extent of 91 cents situated in Chakkarakuppam Village, Tirupattur Taluk, Tirupattur District. Petitioner wanted a survey to be conducted in the subject property. Therefore, he made an application to respondents 1 & 2 on 09.06.2025 enclosing all necessary details along with the prescribed payment of fee. Since the same was not considered, the present writ petition has been filed.
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4. At the outset, it is submitted by Mr.R.P.Murugan Raja, learned Government Advocate 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 09.06.2025 in accordance with law, after issuing notice to 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) The entire process shall be completed within a period of eight weeks from the date of uploading the web copy without waiting for the receipt of certified copy; and 3/6
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. There shall be no order as to costs.
29.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No ssb 4/6
To:
1.The Tahsildar, Taluk Office Campus, Tirupattur.
2.The Land Surveyor, Tirupattur Taluk, Tirupattur District.
3.The Superintendent of Police, Tirupattur District, Tirupattur.
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MOHAMMED SHAFFIQ, J.
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