Rajeswari v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Rajeswari Petitioner(s) Vs 1.The Tahsildar, Sriperumbudur Taluk, Kanchipuram District.

2.The Surveyor, Office of the Tahsildar, Sriperumbudur Taluk, Kanchipuram District.

3.M.Vasu Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent (Surveyor), under the supervision of the 1st Respondent (Tahsildar), to conduct a demarcation survey of the petitioners property situated at Keel Padappai Village, Sriperumbudur Taluk, Kanchipuram District, bearing Old survey No 429/1 and New Survey No 582/10 Patta No 312, admeasuring 1290 sq.ft, within a timebound period. For Petitioner(s) : Mr.Prabhakaran Panneerselvam For Respondent(s) : Mr.A.Selvendran Special Government Pleader

ORDER

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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 3rd respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus to direct the 2nd respondent (Surveyor), under the supervision of the 1st Respondent (Tahsildar), to conduct survey of petitioner's property comprised in Old survey No.429/1 and New Survey No.582/10 measuring an extent of 1290 sq.ft. situated at Keel Padappai Village, Sriperumbudur Taluk, Kanchipuram District.

3. It is submitted by the learned counsel for petitioner that petitioner acquired an extent of 1290 sq.feet of the property comprised in Survey Nos.429/1 and 582/10 situated at Keel Padappai Village, Sriperumbudur Taluk, Kanchipuram District, vide family settlement dated 12.10.2006 through registered settlement deed dated 17.07.2018 in Document No.3940 in the Office of Sub-Registrar, Padappai. It is stated that a portion of petitioner's property was illegally encroached by 3rd respondent, petitioner submitted a representation to the 2nd respondent seeking survey of the subject property, which is stated to be 2/6

kept pending. Hence this writ petition.

4. It was pointed out by Mr.A.Selvendran, learned Special Government Pleader for respondents that online application has apparently been taken out by the petitioner for another survey number viz., 582/10A1 and not 582/10. He would further submit that patta has been issued in respect of Survey No.582/10A2. It is necessary for the petitioner to take out an on-line application in respect of correct survey number.

5. Learned counsel for petitioner would request that they may be permitted to take out an online application and that the same may be considered within a time frame to be fixed by this Court.

6. In view thereof, writ petition stands disposed of. It is open to the petitioner to take out an online application indicating correct survey numbers for survey of subject property before the appropriate authority. If any such application is filed, the appropriate respondent shall consider the same and pass orders in accordance with law after issuing notice and reasonable opportunity of hearing to the petitioner, 3rd respondent, adjacent land owners and other interested parties including rival claimants, if any, a reasonable opportunity of 3/6

hearing.

6.1. 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 application.

6.2. The entire process shall be completed within a period of 8 weeks from the date of submission of such application.

6.2. 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, 3rd respondent and all other interested parties are left open. No costs.

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To:

1.The Tahsildar, Sriperumbudur Taluk, Kanchipuram District.

2.The Surveyor, Office of the Tahsildar, Sriperumbudur Taluk, Kanchipuram District.

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MOHAMMED SHAFFIQ, J.

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