Ramalingam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Ramalingam, S/o.Kesavan ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Ulundhurpet Taluk, Kallakurichi District.

2.The Tashildar, Ulundhurpet Taluk Office, Ulundhurpet Taluk, Kallakurichi District.

3.The Surveyor, Ulundhurpet Taluk Office, Ulundhurpet 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 2nd and 3rd respondents to survey the petitioner's property in S.No.281/5 an extent of 52 1⁄2 cents out of 63 cents situated at Kilappalaiyam Village, Aathanur Post, Ulundhurpet Taluk, Kallakurichi District and sub divide the same and fix the boundary stone based on the petitioner's online application dated 02.05.2025. 1/6

For Petitioner : Mr.T.Meganathan For Respondents : Mr.A.Selvendran Special Government Pleader

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 a writ of mandamus, to direct the 2nd and 3rd respondents to survey the property comprised in Survey Nos.281/5 an extent of 52 1⁄2 cents out of 63 cents situated at Kilappalaiyam Village, Aathanur Post, Ulundhurpet Taluk, Kallakurichi District and sub divide the same and fix the boundary stone based on the petitioner online application dated 02.05.2024.

3. It is submitted by the learned counsel for the petitioner that the petitioner had submitted an online application on 02.05.2024 to conduct survey demarcate and sub-divide the petitioner's property bearing Survey Nos.281/5 an extent of 52 1⁄2 cents out of 63 cents situated at Kilappalaiyam Village, Aathanur Post, Ulundhurpet Taluk, Kallakurichi District and has also paid necessary 2/6

charges. Since the petitioner's online 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 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 for survey and subdevision of subject property 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 conduct enquiry, if any, while considering the application necessary for conducting survey of subject property. It is also open to the respondents to call 3/6

for documents 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 8 weeks from 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:

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1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Ulundhurpet Taluk, Kallakurichi District.

2.The Tashildar, Ulundhurpet Taluk Office, Ulundhurpet Taluk, Kallakurichi District.

3.The Surveyor, Ulundhurpet Taluk Office, Ulundhurpet Taluk, Kallakurichi District.

MOHAMMED SHAFFIQ, J.

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