Kandasamy v. The Tasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kandasamy : Petitioner Vs.

1.The Tahsildar, Dharapuram Taluk, Tiruppur District 2.The Taluk Surveyor Dharapuram Taluk, Tiruppur District 3.The Village Administrative Officer, Ponnapuram Village, Dharapuram Taluk, Tiruppur District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to survey the petitioner's land allotted to him as A Schedule as per the partition deed in Doc No.2066 of 1995 dated 26/06/1995 registered on the file of Sub Registrar Dharapuram and vide a Sale deed in Doc.No.4045 of 2002 dated 31/10/2002 on the file of Sub Registrar, Dharapuam, by considering the petitioner's application dated 01/04/2025.

For Petitioner : Ms.E.Shobana 1/5

For Respondents : Mr.P.Sathish, Additional Government Pleader

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 respondents to survey the petitioner's land comprised in S.F.Nos.1188/1 (R.S.No.1188/1B1B, 1188/1B1D, 1188/1B1E, 1188/1B1F, 1188/1B1G) allotted to him as 'A' Schedule as per the partition deed in Doc No.2066 of 1995 dated 26/06/1995, registered on the file of Sub Registrar, Dharapuram vide Sale deed in Doc.No.4045 of 2002 dated 31.10.2002 on the file of Sub Registrar, Dharapuam, by considering the petitioner's application dated 01.04.2025.

3. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents that application dated 01.04.2025 submitted by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned 2/5

counsel for petitioner.

4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The respondents shall consider the application dated 01.04.2025 in accordance with law, after issuing notice to the petitioner, 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 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/appropriate orders passed within a period of twelve (12) 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. 3/5

5. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

22.08.2025 Speaking (or) Non Speaking Order mrn To 1.The Tahsildar, Dharapuram Taluk, Tiruppur District 2.The Taluk Surveyor Dharapuram Taluk, Tiruppur District 3.The Village Administrative Officer, Ponnapuram Village, Dharapuram Taluk, Tiruppur District 4/5

MOHAMMED SHAFFIQ, J.

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