A.Periyasamy v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Periyasamy, S/o.Azhagapan ... Petitioner Vs.
1.The Tahsildar, Chinna Salem, Chinna Salem Taluk, Kallakurichi District.
2.The Surveyor, Chinna Salem, Chinna Salem Taluk, Kallakurichi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to survey the land and fix boundary stones in respect of Punja Survey Nos.354/1, 368/3B and 368/3C properties situated at Rayappanur Village, Chinnaselam Taluk and Kallakurichi District on the basis of the petitioner's application dated 18.06.2025. For Petitioner : Mr.P.Rajavel For Respondents : Mr.A.Selvendran Special Government Pleader
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 the respondents to survey the land and fix boundary stones in respect of Punja Survey Nos.354/1, 368/3B and 368/3C properties situated at Rayappanur Village, Chinnaselam Taluk and Kallakurichi District based on the petitioner application dated 18.06.2025.
3. It is submitted by the learned counsel for the petitioner that the petitioner had submitted an application on 18.06.2025 to conduct survey and demarcate the petitioner's property bearing P.S.Nos.354/1, 368/3B and 368/3C, situated at Rayappanur Village, Chinnaselam Taluk and Kallakurichi District and has also paid necessary charges. Since the petitioner's application was not considered by the respondents till date, the present writ petition has been filed before this Court.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special 2/5
Government Pleader 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 is 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 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, if any, while considering the application necessary for conducting survey and for fixing boundaries of the subject property. It is also open to the respondents to call for documents to satisfy itself of the petitioner's entitlement for requesting survey and for fixing boundaries of the subject property.
iii) The entire process shall be completed within a period of 8 weeks from 3/5
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 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. No costs. 01.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mpa To:
1.The Tahsildar, Chinna Salem, Chinna Salem Taluk, Kallakurichi District.
2.The Surveyor, Chinna Salem, Chinna Salem Taluk, Kallakurichi District.
MOHAMMED SHAFFIQ, J.
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