Dhandapani v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Dhandapani, S/o.Pandurangan ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Uthangarai Taluk, Krishnagiri District.

2.The Firka Surveyor, Singarapettai, Uthangarai Taluk, Krishnagiri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to survey the land comprised in Mallupatti Village S.No.55/2A to an extent of 2200 sq.ft. (as per new sub-division, comprised in S.No.55/2A1C, bearing Patta No.268, to an extent of 2200 sq.ft.), situated at Mallupatti Village, Uthangarai Taluk and Krishnagiri District, on the basis of the petitioner's application dated 04.06.2024 and payment made thereon.

For Petitioner : Ms.K.Vijayalakshmi for M/s.Dass and Viswa Associates For Respondents : Mr.S.J.Mohammed Sathik Government Advocate

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.

2. The present writ petition is filed praying for a writ of mandamus, to direct respondents to survey the land comprised in Mallupatti Village S.No.55/2A measuring an extent of 2200 sq.ft. (as per new sub-division, comprised in S.No.55/2A1C, bearing Patta No.268, to an extent of 2200 sq.ft.), situated at Mallupatti Village, Uthangarai Taluk and Krishnagiri District, on the basis of the petitioner's application dated 04.06.2024.

3. It is submitted by learned counsel for the petitioner that petitioner submitted an online application dated 04.06.2024 before the 1st respondent to survey and demarcate the boundaries of the property comprised in Survey No.55/2A1C, measuring an extent of 2200 sq.ft., situated at Mallupatti Village, Uthangarai Taluk, Krishnagiri District and paid necessary charges. However, till date petitioner's application was not considered by the 1st respondent. Hence, this writ petition.

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4. At the outset, it is submitted by Mr.S.J.Mohammed Sathik, learned Government Advocate for the respondents that the above application 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 counsel for the petitioner.

5. In the affidavit filed in support of this writ petition, the petitioner had indicated that how he was deemed as 'registered holder' in terms of Section 3(v) of the Tamil Nadu Survey and Boundaries Act, 1923 (Tamil Nadu Act No.VIII of 1923) and thus entitled for survey being conducted at his request.

6. In view of the limited relief that is prayed, this Court is inclined to dispose of this writ petition and accordingly, this writ petition is disposed of with following directions:- i) The respondents shall consider the application in accordance with law, after issuing notice to the 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 petitioners entitlement 3/5

for requesting survey and demarcating the boundaries of subject property. iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy. iv) 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. Rights and contentions of the petitioner and all other interested parties are left open. No costs. 28.07.2025 Speaking (or) Non Speaking Order arb To 1.The Tahsildar, Office of the Tahsildar, Uthangarai Taluk, Krishnagiri District.

2.The Firka Surveyor, Singarapettai, Uthangarai Taluk, Krishnagiri District.

MOHAMMED SHAFFIQ, J.

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