P.Venkatesan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Venkatesan

...Petitioner

Versus

The Tahsildar, Taluk Office, Sangagiri Taluk, Salem District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to direct the respondent to depute a competent surveyor to make survey to the petitioner's land in S.Nos.156/1A2, 156/1A4, 157/1B & 157/1D which is situated at Onakkalkadu, Olakkachinnanur Village, Sangagiri Taluk, Salem District. For Petitioner :

Mr.P.Vijendran For Respondent :

Mr.S.Jayachandran, 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 relief sought in this writ petition is to direct the respondent to depute a competent surveyor to make survey to the petitioner's land comprised in S.Nos.156/1A2, 156/1A4, 157/1B & 157/1D situated at Onakkalkadu, Olakkachinnanur Village, Sangagiri Taluk, Salem District.

3. The learned counsel for the petitioner submitted that the petitioner submitted an Online Application No.2025/0123/08/011566 dated 14.07.2025 for surveying the subject property and has also paid necessary fees for the same. However, respondent has not taken any steps to survey the subject property. Hence, the present writ petition has been filed by petitioner.

4. At the outset, learned Government Advocate appearing for the respondent submitted that respondent would consider the petitioner's Online Application dated 14.07.2025, within a time frame to be fixed by this Court. 2/5

5. The above submission made by the learned Government Advocate for the respondent has been fairly conceded by the learned counsel for the petitioner.

6. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The respondent shall consider the petitioner's Online Application dated dated 14.07.2025, 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 the respondent to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property. (iii) The respondent shall complete the entire process within a period of eight weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order. 3/5

(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 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.

01.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To The Tahsildar, Taluk Office, Sangagiri Taluk, Salem District.

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MOHAMMED SHAFFIQ, J.

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