Tamil Selvan v. The Tahskldar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Tamil Selvan, S/o.Mayavel @ Ravi ... Petitioner Vs.
1.The Tahsildar, Kallakurichi District - 606 202.
2.The Revenue Divisional Officer, Kallakurichi Division, Kallakurichi District.
3.The Commissioner of Survey and Settlement, Assistant Director of Survey and Land Records, Kallakurichi District.
4.The Taluk Surveyor, Kallakurichi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the 3rd respondent herein to conduct a survey and measure the extent of the property situated at S.Nos.197/3B, 197/4B, 197/7A1, 197/2B1A, 197/5B1, 197/6B1A, Salem Main Road, Ullagamkathan Post, Kallakurichi District - 606 202.
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For Petitioner : Mr.Sunny Sheen Akkara For Respondents : Mr.A.Selvendran Special 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 has been filed for a writ of mandamus, to direct the 3rd respondent herein to conduct a survey and measure the extent of the property situated at S.Nos.197/3B, 197/4B, 197/7A1, 197/2B1A, 197/5B1, 197/6B1A, Salem Main Road, Ullagamkathan Post, Kallakurichi District - 606 202.
3. It is submitted by the learned counsel for the petitioner that petitioner is the absolute owner of the subject property and he has been in enjoyment of the same, which originally belonged to his father. Petitioner's father acquired title on the basis of a registered Partition Deed bearing Doc.No.422 of 2011 dated 04.03.2011. It is, in these circumstances, the petitioner submitted applications on 24.02.2021 and on 03.10.2023, seeking to survey the subject property which are said to be kept pending without any progress so far. Hence, the present writ petition has been filed before this Court.
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4. On this being pointed out, the learned Special Government Pleader for the respondents would submit that they would consider the petitioner's applications dated 24.02.2021 and 03.10.2023 and carry out a survey and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, the writ petition stands disposed of with the direction to the respondents to consider petitioner's applications dated 24.02.2021 and 03.10.2023 and carry out a survey and complete the process within a period of eight (8) weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 18.07.2025 Speaking (or) Non Speaking Order arb 3/5
To 1.The Tahsildar, Kallakurichi District - 606 202.
2.The Revenue Divisional Officer, Kallakurichi Division, Kallakurichi District.
3.The Commissioner of Survey and Settlement, Assistant Director of Survey and Land Records, Kallakurichi District.
4.The Taluk Surveyor, Kallakurichi District.
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MOHAMMED SHAFFIQ, J.
arb 18.07.2025 5/5