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Madras High CourtWP/30225/2025disposed of

S.Kannan v. The Revenue Tahsildare

2025-08-20Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Kannan

...Petitioner

Vs 1.The Revenue Tahsildar, Gobichettipalayam, Erode District.

2.The Taluk survey, Office of Surveyor, Gobichettipalayam, Erode District.

3.Baby

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to survey the land and fix the boundary stones in S.F.No.520/31, Vellankovil Village, Gobichettipalayam Taluk, Erode District based on petitioner online application dated 28.02.2025, vide Can No:133103122349954 and application No:2025/N105/10/003568 by appreciating the above stated facts.

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For Petitioner : Mr.V.Anandhamoorthy For R-1 & R-2 : Mr.S.Jayachandran, Government Advocate

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 3rd respondent is dispensed with.

2. The present writ petition is filed praying to issue a writ of mandamus, directing the 1st and 2nd respondent to survey the subject property comprised in S.F.No.520/31 measuring an extent of 870 sq.ft situated at Vellankovil Village, Gobichettipalayam Taluk, Erode District.

3. It is submitted by the learned counsel for the petitioner that the subject property was jointly purchased by the petitioner and his brother, Gokul by way of a Sale Deed dated 25.10.2022 registered as Document No.2319/2022 on the file of the Sub-Registrar, Thingalur. Based on which, they obtained Joint patta in their favour. It is further submitted that the petitioner submitted an online 2/6

application dated 28.02.2025 to the 1st respondent requesting to survey the above property and he has also paid necessary charges. However, the same is yet to be disposed of by the respondents. Hence, the present writ petition.

4. At the outset, it is submitted by the Learned Government Advocate appearing for respondents 1 & 2 that, they would consider the petitioner's application/representation and conduct a survey and demarcate the subject lands, within a time frame, to be fixed by this Court.

5. In view thereof, this Writ Petition is disposed of with the following directions:

i) The 1st respondent shall consider the application/representation 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 1st respondent to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

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iii) The entire process shall be completed within a period of eight 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 1st 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 costs.

20.08.2025 Index : Yes/ No Speaking (or) Non Speaking Order Nhs 4/6

To 1.The Revenue Tahsildar, Gobichettipalayam, Erode District.

2.The Taluk survey, Office of Surveyor, Gobichettipalayam, Erode District.

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MOHAMMED SHAFFIQ, J.

Nhs 20.08.2025 6/6