Anandhakumar v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Anandhakumar ...
Petitioner -vs1.The Tahsildar, Cuddalore Taluk, Cuddalore District.
2.The Taluk Head Surveyor, Cuddalore Taluk, Cuddalore District.
3.The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.
4.Vasanthakumar ...
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 and 2 to consider the petitioner's online application, dated 16.06.2025, and thereby direct the respondents 1 and 2 to measure the property with the help of third respondent, erect the mile stones and issue a separate patta in the name of
the petitioner in DTCP Approval Plots No.40 and 41, Survey No.5/5 and 5/6A1A1, totally to an extent of 3605 sq.ft. at Kathirvela Nagar, Kothandaramapuram Village, Cuddalore District. For Petitioner : M/s.S.Manisha For Respondents 1 & 2 : Mr.P.Sathish, Addl. Govt. Pleader.
For Respondent 3 : Mr.R.Venkatesa Perumal, Govt. Advocate (Crl.Side).
ORDER
By consent of learned counsel on both sides, this Writ Petition is taken up for final disposal at the admission stage itself. Since no adverse orders are passed against fourth respondent, notice to him is dispensed with.
2. This Writ Petition is filed, praying for a mandamus to direct the respondents 1 and 2 to measure the petitioner's property in Survey No.5/5 and 5/6A1A1 to an extent of 3605 sq.ft. at Kathirvela Nagar, Kothandaramapuram Village, Cuddalore District, by considering his online application, dated 16.06.2025.
3. It is the case of the petitioner that he has been in possession and enjoyment of the subject property, but, the fourth respondent is trying to encroach the said property. Therefore, he submitted an online application
before the respondents 1 and 2 to survey the property and demarcate the boundaries. The same has not been considered. Hence, he has filed this Writ Petition.
4. It is pointed out by learned Additional Government Pleader, appearing for respondents 1 and 2, that online application has not been made in respect of Survey No.5/6A1A1 and, therefore, the petitioner has to submit an application in respect of the correct survey number. He would further submit that if any such application is made, the same would be considered by the respondents in accordance with law.
5. In view of the above, the petitioner is directed to submit appropriate online application in respect of the correct survey number before the respondents 1 and 2 and, if such application is made, the respondents 1 and 2 shall consider the same and pass appropriate orders on merits and in accordance with law, after issuing notice to petitioner, fourth respondent, and other interested parties, if any, within a period of sixteen weeks from the date of receipt of such application.
6. 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, if any, while considering the petitioner's application.
7. 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.
8. Writ Petition stands disposed of accordingly. No costs. 29.07.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No dixit To:
1.The Tahsildar, Cuddalore Taluk, Cuddalore District.
2.The Taluk Head Surveyor, Cuddalore Taluk, Cuddalore District.
3.The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.
MOHAMMED SHAFFIQ, J.
dixit 29.07.2025