S.Thamilmani v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Thamilmani ... Petitioner Vs.

The Tahsildar, Kallakurichi Taluk, Kallakurichi, Kallakurichi District.

... Respondent Prayer : This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the respondent to make measurement in pursuance to the petitioner's online application No.2024/N123/33/004328 dated 13.11.2024.

For Petitioner :

Mr. C.Munusamy For Respondent :

Mr. R.P.Murugan Raja, 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. The present writ petition is filed praying for a Writ of Mandamus to direct the respondent to make measurement in pursuance to the petitioner's online application No.2024/N123/33/004328 dated 13.11.2024.

3. Learned Government Advocate for the respondent would submit that they would consider the application dated 13.11.2024 and conduct survey and mark boundaries of the subject property, including the petitioner's entitlement for conducting a survey, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

4. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) The respondent shall consider the application dated 13.11.2024 in accordance with law, after issuing notice to 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 respondent to call for any document/conduct enquiry, to satisfy itself of 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 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. No costs.

08.08.2025 Index: Yes/No Speaking /Non-speaking order Internet : Yes/No Maya

MOHAMMED SHAFFIQ, J.

Maya To The Tahsildar, Kallakurichi Taluk, Kallakurichi, Kallakurichi District.

Dated : 08.08.2025