Rajeswari v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Rajeswari ... Petitioner Vs.

1.The Tahsildar Pennagaram Taluk Pennagarm Tahsildar Office Dharmapuri District.

2.The Land Surveyor Land Survey Department Tahsildar Office Pennagarm Taluk, Dharmapuri District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the 2nd respondent to consider the petitioner's representation dated 10.06.2025. For Petitioner :

Mr.V.Sakkarapani For Respondents :

Mr. P.Ganesan for R1 and R2 Government Advocate

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking issuance of a writ of mandamus to direct the 2nd respondent to consider the petitioner's representation dated 10.06.2025.

3. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation on 10.06.2025 to the 2nd respondent to measure and mark the boundaries of the subject property comprised in Survey No. 210/2B in Patta No.1261, measuring an extent of 2.26 cents situated at Pennagaram Taluk, Dharmapuri District and paid appropriate fees. Since the same was not considered, the present writ petition has been filed before this Court.

4. At the outset, it is submitted by Mr. P.Ganesan, learned

Government Advocate appearing for respondents that they will consider petitioner's representation and survey the petitioner's land within a time frame to be fixed by this Court, which was agreed to by learned counsel for 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 2nd respondent shall consider the representation dated 10.06.2025 in accordance with law and conduct survey, 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 of subject property. It is also open to the respondents to call 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 eight(8) weeks 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 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.

6. There shall be no order as to cost.

06.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No msv To 1.The Tahsildar Pennagaram Taluk Pennagarm Tahsildar Office

Dharmapuri District.

2.The Land Surveyor Land Survey Department Tahsildar Office Pennagarm Taluk, Dharmapuri District.

MOHAMMED SHAFFIQ, J.

msv 06.08.2025