Chandra Varadharajan v. The Tahsildar
WP NO. 29153 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 29153 of 2025 Chandra Varadharajan D/o. Varadharajan, No.15, Sethuram, 3rd Floor, Sunderasa Layout, Trichy Road, Coimbatore -641 018 Petitioner(s) Vs
1. The Tahsildar Tiruppur South Taluk, Tiruppur -641 402
2. The Surveyor Tiruppur South Taluk, Tiruppur -641 402 Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus to direct the respondents to measure the petitioners land situated at S.No.158/2B2 and Survey No.158/2B4, North Avinashipalayam Village, Tiruppur South Taluk, Tiruppur District with the extent of 2.92 acre and 83 cents respectively and demarcate the same. For Petitioner(s) : Mr. M. Dinesh Sharma For Respondent(s): Mr.S.Balamurugan, GA for R1 & R2
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 is filed praying for issuance of writ of mandamus to direct the respondents to measure the petitioner's land situated at S.No.158/2B2 and Survey No.158/2B4, North Avinashipalayam Village, Tiruppur South Taluk, Tiruppur District with the extent of 2.92 acre and 83 cents respectively and demarcate the same.
3. According to the petitioner, by virtue of a final decree and judgment dated 22.03.2017 passed by the learned II Addl. District Judge, Tiruppur based on a compromise memo, an extent of 2.92 acres comprised in S.No.158/2B situated at North Avinashipalayam Village, Tiruppur South Taluk, Tiruppur District was allocated to the petitioner. The above said land in S.No.158/2B was further subdivided in to S.Nos.158/2B, 158/2B2 and 158/2B4. Therefore, in order to find out proper boundaries, he preferred two on line applications before the respondents to survey the property in S.No.158/2B2 and S.No.158/2B4 on 28.04.2025 and on 29.04.2025, however, the same is not considered by the respondents till now. Hence the petitioner has preferred the present writ petition.
4. At the outset, the learned Govt. Advocate appearing for the respondents would
submit that the online applications dated 28.04.2025 and 29.04.2025 seeking survey of lands in S.No.158/2B2 and S.No.158/2B4, would be considered and appropriate orders would be passed within a time frame fixed by this Court, which was agreed to by the learned counsel for the 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) The respondents shall consider the online applications dated 28.04.2025 and 29.04.2025 of the petitioner 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 petitioner's entitlement for requesting survey of subject property.
iii) The entire process shall be completed within a
period of eight weeks (8) from the date of uploading of web copy without waiting for the receipt of certified copy. 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 concerned respondent(s) 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. 08-08-2025 Index:yes/no Internet:yes/no msr To
1. The Tahsildar Tiruppur South Taluk, Tiruppur -641 402
2. The Surveyor Tiruppur South Taluk, Tiruppur -641 402
MOHAMMED SHAFFIQ, J.
msr WP NO. 29153 of 2025 08.08.2025