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Madras High CourtWP/2346/2025allowed

Thamilselvi v. The Tahsildar,

2025-01-30Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tamilselvi

...Petitioner

Vs.

1.The Tahsildar, Tiruvannamalai District,

2. The Head Surveyor, Survey Department, Tiruannamalai District.

3. The Firka Surveyor, Thunijapuram Firka,

4. M.Setu

5. V.Nehru

6. M.Ganesan

7. R.Palani

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents particularly the 2nd respondent to survey and demarcate the boundaries of the petitioner's property comprised in Survey No.140/17B, R.S.No.140/17B measuring 0.16 cents situated within Kalasthambadi Village, Tiruvannamalai Taluk and District bounded on, West:Pathway (Panchayat Road), North:Velu's property, East:Property of the petitioner, South:Settu Bhavathar's property, on strength of the sale deed Doc.No.402/1993, dated 31.05.1993, executed by the 4th respondent, based the application made application vide Challan No.20220506003987, dated 06.05.2022 to the 2nd respondent along with necessary fees paid to the 2nd respondent within a reasonable time as fixed by this Court. For Petitioner :

Mr.D.Murugan For Respondents :

Mr.A.Selvendran, Special Government Pleader *********

O R D E R

The above Writ Petition has been filed seeking a mandamus to the second respondent to consider the petitioner's online application dated 06.05.2022.

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2. The grievance of the petitioner is that, despite making an online application on 06.05.2023, to survey and demarcate the boundaries of the petitioner's property comprised in Survey No.140/17B, R.S.No.140/17B measuring 0.16 cents situated within Kalasthambadi Village, Tiruvannamalai Taluk and District bounded on, West:Pathway (Panchayat Road), North:Velu's property, East:Property of the petitioner, South:Settu Bhavathar's property, the second respondent has not proceeded to survey the land in question.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents to conduct a survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested 3/5

parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

30.01.2025 nvi Index : Yes/No Internet : Yes/No To 1.The Tahsildar, Tiruvannamalai District,

2. The Head Surveyor, Survey Department, Tiruannamalai District.

3. The Firka Surveyor, Thunijapuram Firka, 4/5

P.T. ASHA, J, nvi W.P.No. 2346 of 2025 30.01.2025 5/5