S.Jamuna v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Jamuna : Petitioner Vs.
1.The Tahsildar, Thirukazhukundram Taluk, Chengalpattu District.
2.Head Surveyor, Thirukazhukundram Taluk, Chengalpattu District.
3.Assistant Director of Survey and Land Records, Thirukazhukundram Taluk, Chengalpattu District.
4.Sridharan K : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the third respondent to re-survey petitioner's lands in S.No.279/2 measuring 0570 sq.mt. in Venpurusam Village, Mamallapuram, Thirukazhukundram Taluk, Chengalpattu District in all directions in his presence with the help of respondents 1 and 2 and fix boundaries within the time limit to be fixed by this Court.
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For Petitioner :
Mr.K.Lavan For Respondent :
Mr.S.Balamurugan Government Advocate for R1 to R3
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 respondent No.4 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the third respondent to re-survey petitioner's lands comprised in S.No.279/2 measuring an extent of 0570 sq.mt. situated at Venpurusam Village, Mamallapuram, Thirukazhukundram Taluk, Chengalpattu District in all directions in petitioner's presence with the help of respondents 1 and 2 and fix boundaries within the time limit to be fixed by this Court. 2/6
3. After submitting for a brief while, learned counsel for the petitioner would submit that they may be given liberty to file an appeal under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923 challenging the survey report dated 08.04.2025. He has also made an endorsement to that effect. He would also submit that the same may be disposed of as expeditiously as possible.
4. On this being pointed out, the learned Government Advocate would submit that, if any such appeal is filed by the petitioner before the appellate authority, the same would considered and appropriate orders would be passed, as expeditiously as possible, which was 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) It is open to the petitioner to file an appeal before the appellate authority challenging the report dated 08.04.2025. If any such appeal is filed and the same is found in order, every endeavour shall be made by the appellate authority to dispose of the same as expeditiously as possible, after issuing notice to the petitioner, 3/6
fourth respondent, 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 appellate authority to call for any document/conduct enquiry to dispose the appeal. iii) 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 appellate authority 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.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
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To 1.The Tahsildar, Thirukazhukundram Taluk, Chengalpattu District.
2.Head Surveyor, Thirukazhukundram Taluk, Chengalpattu District.
3.Assistant Director of Survey and Land Records, Thirukazhukundram Taluk, Chengalpattu District.
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MOHAMMED SHAFFIQ, J.
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