Dhanapal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Dhanapal

...Petitioner

Versus

1.The Tahsildar, Collector Office, Ponnagaram, Dharmapuri District.

2.The Deputy Survey Inspector, Department of land Survey, Collector Office, Ponnagaram, Dharmapuri District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to conduct a fresh field measurement and demarcation of petitioner's land in Survey No.298/1, Vattuvana Alli Village, Ponnagaram Circle, Palakkodu Sub-District, Dharmapuri District using metes and bounds and G-Line based survey method, so as to accurately identify and record the full extent of 1.511⁄2 Acres as per his registered title deed, rectify all erroneous entries in the Field Measurement Book and Patta.

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For Petitioner :

Ms.R.Abirami 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 relief sought in this writ petition is to direct the 2nd respondent to conduct a fresh field measurement and demarcation of petitioner's land comprised in Survey No.298/1 situated at Vattuvana Alli Village, Ponnagaram Circle, Palakkodu Sub-District, Dharmapuri District (hereinafter referred to as "subject property") using metes and bounds and G-Line based survey method so as to accurately identify and record the full extent of 1.511⁄2 Acres as per the registered Title Deed, rectify all erroneous entries in the Field Measurement Book and Patta.

3. The learned counsel appearing for the petitioner submitted that though the petitioner had filed the present writ petition for the aforesaid relief, now, he has confined the relief and prays 2/6

this Court to issue appropriate direction to 2nd respondent to conduct a fresh survey in the subject property and demarcate the boundaries of the subject property and also, issue direction to 2nd respondent to rectify the erroneous entries in the Field Measurement Book and Patta.

4. The learned Special Government Pleader appearing for the respondents submitted that if the petitioner submits an Online Application for conducting fresh survey of the subject property and also, if he pays the necessary fees for carrying out the said exercise, 2nd respondent would consider the petitioner's Online Application in accordance with law, within a time frame to be fixed by this Court.

5. The submission made by the learned Special Government Pleader for the respondents has been fairly conceded by the learned counsel for the petitioner.

6. Considering the limited relief sought by the petitioner, this Writ Petition is disposed of on the following terms: 3/6

(i) The petitioner is directed to submit an Online Application for conducting fresh survey in the subject property and also, directed to pay the necessary fees for carrying out the said exercise. (ii) On submission of such Online Application by the petitioner, 2nd respondent shall consider the same in accordance with law, after issuing notice to the petitioner, adjacent land owners and all other interested parties including rival claimants, if any, within a period of eight weeks from the date of submission of petitioner's Online Application. (iii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to 2nd respondent to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

(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 2nd 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.

28.08.2025 mrr Index : Yes/No 4/6

To 1.The Tahsildar, Collector Office, Ponnagaram, Dharmapuri District.

2.The Deputy Survey Inspector, Department of land Survey, Collector Office, Ponnagaram, Dharmapuri District.

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MOHAMMED SHAFFIQ, J.

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