M.Dhanapal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Dhanapal ... Petitioner Vs.

1.The Tahsildar, Kadayampatti Taluk Office, Kadayampatti Taluk, Salem District.

2.The Land Surveyor, Kadayampatti Taluk, Salem District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the respondents 1 and 2 to conduct survey and to demarcate boundaries in respect of the property comprised in Survey Nos. 495/1A, 495/2 to an extent of 1 Acres 82 cents, situate at Kadayampatti (South) Village, Kadayampatti Taluk, Salem District

based on the petitioner's representation dated 08.08.2025 to issue separate patta in favour of the petitioner.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.P.Sathish Additional Government Pleader for R1 & R2

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 and 2 to conduct survey and to demarcate boundaries in respect of the property comprised in Survey Nos. 495/1A, 495/2 to an extent of 1 Acres 82 cents, situate at Kadayampatti (South) Village, Kadayampatti Taluk, Salem District based on the petitioner's representation dated 08.08.2025 seeking for issuance of separate patta in favour of the petitioner.

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

3. It is submitted by the learned counsel for petitioner that petitioner has submitted a representation on 08.08.2025 and has also paid necessary fees. However, the petitioner's representation was not considered by the respondent till date, thus the present writ petition has been filed before this Court.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 & 2 would submit that they will consider petitioner's representation and conduct survey and demarcate the boundaries within a period of sixteen, which was agreed to by the learned counsel for petitioner.

5. In view thereof the writ petition stands disposed of with following the directions:

i) The respondents shall consider petitioner's representation dated 08.08.2025 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 call for any document/conduct enquiry 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 16 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.

25.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No kkn

To 1.The Tahsildar, Kadayampatti Taluk Office, Kadayampatti Taluk, Salem District.

2.The Land Surveyor, Kadayampatti Taluk, Salem District.

MOHAMMED SHAFFIQ, J.

KKN 25.08.2025