P.Jayaraman v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Jayaraman Petitioner(s) Vs 1.The Tahsildar, Pethanaickanpalayam Taluk Office, Pethanaickanpalayam Taluk, Salem District.
2.The Taluk Surveyor Pethanaickanpalayam Taluk Office, Pethanaickanpalayam Taluk, Salem District.
3.Lakshmanan 4.Theerthan 5.Annamalai 6.Lakshmanan Respondent(s) 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 the lands by demarcating its boundaries on laying the corner stones on all the four sides of the lands owned by the petitioner situated in S.No.165/11-0.69 cents, 162/21-0.69 cents, 162/8 - acre 1.42 cents of Thekkampattu Village, 1/6
Vadakunadu, Chinnakalvarayanmalai, Pethanaickanpalayam Taluk, Salem District, Persuant to the application of the petitioner dated 02.03.2023 within the time framed fixed by this Court.
For Petitioner(s) : Mr.S.Srinivasan For Respondent(s) : Mr.S.Jayachandran 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to Respondents 3 to 6 is dispensed with.
2. The present writ petition is filed praying for a writ of Mandamus to direct the respondents 1 and 2 to survey the lands comprised in S.Nos.165/11, 162/21 and 162/8 measuring an extent 0.69 cents, 0.69 cents and acre 1.42 cents respectively situated at Thekkampattu Village, Vadakunadu, Chinnakalvarayanmalai, Pethanaickanpalayam Taluk, Salem District.
3. It is submitted by the learned counsel for petitioner that petitioner became the absolute owner of the subject lands by virtue of registered sale deed dated 20.06.2025 registered as Document No.2208/2015 in the office of SRO, 2/6
Pethanaickanpalayam. It is stated that petitioner submitted an application on 02.03.2023, which is stated to be kept pending. Aggrieved, petitioner has filed the present writ petition.
4. At the outset, it is submitted by Mr.S.Jayachandran, learned Government Advocate for respondents that they would consider the petitioner's application and pass appropriate order on merits after issuing notice to the petitioner, respondents 3 to 6 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 02.03.2023 in accordance with law, after issuing notice to the petitioner, respondents 3 to 6, adjacent land owners 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.
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iii) The entire process shall be completed within a period of 4 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
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:
1.The Tahsildar, Pethanaickanpalayam Taluk Office, Pethanaickanpalayam Taluk, Salem District.
2.The Taluk Surveyor Pethanaickanpalayam Taluk Office, Pethanaickanpalayam Taluk, Salem District.
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MOHAMMED SHAFFIQ, J.
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