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2025 DAILYLAW 33066 (MAD)

KALADEVI v. THE TAHSILDAR

WP/9399/2025 · 2025-03-21

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 21.03.2025 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.9399 of 2025 1. Kaladevi 2. L.Sugeerthi 3. L.Sindhu ..Petitioners Vs. 1. The Tahsildar, Taluk Office, Erode. 2. The Assistant Director of Survey, 7th Floor, District Collectorate, Erode. 3. The Assistant Divisional Engineer (highways) Moolapalayam, Erode – 638 002 4. The President, Chithode Town Panchayat, Chithode Post, Erode District. 5. Uthayanithi 6. Nallamuthu Gounder ...Respondents 1/7 https://www.mhc.tn.gov.in/judis Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to survey the land and fix the boundary stones in SF Nos.128/9, 10, Nallagoundanpalayam Village, Erode Taluk, based on the petitioner online application dated 12.01.2025 by appreciating the above facts. For Petitioner : Mr. V.Anandhamurthy For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R4 O R D E R This writ petition has been filed for the issue of writ of Mandamus directing the respondents 1 and 2 to act upon the on- line application dated 12.01.2025 and to conduct the survey in the subject property and fix the boundary stones. 2. When the matter was taken up for hearing today, the learned Special Government Pleader produced the written instructions received from the 1st respondent. The relevant portions are extracted hereunder :- 2/7 https://www.mhc.tn.gov.in/judis 2. Tmt. Sindhu W/o. Dharmaprakash has submitted an application through on-line portal vide application No.2024/0123/002532 dated 17.10.2024 requested to survey the land bearing RS No.128/5,6,7, 8, 9,10 of Nallagoundampalayam Village, Erode Taluk, Erode District and to fix the boundaries. On perusal of the revenue records, the above lands were recorded as follows : Field No. Classification Extent Patta No. and name of the pattadars 128/5 Ryot-Punjai 0.09.00 585-Kaladevi-1, Sugeerthi- 2, Sindhu-3 128/6 Ryot-Punjai 0.23.50 584-Kaladevi-1, Sugeerthi- 2, Sindhu-3 128/7 Ryot-Punjai 0.04.00 584-Kaladevi-1, Sugeerthi- 2, Sindhu-3 128/8 Ryot-Punjai 0.79.50 584-Kaladevi-1, Sugeerthi- 2, Sindhu-3 128/9 Ryot-Punjai 0.60.50 584-Kaladevi-1, Sugeerthi- 2, Sindhu-3 128/1 0 Ryot-Punjai 0.01.50 584-Kaladevi-1, Sugeerthi- 2, Sindhu-3 Since the petitioner's name is included in the patta in respect of the above lands bearing RS No.128/5,6, 7, 8, 3/7 https://www.mhc.tn.gov.in/judis 9,10 necessary notice was issued to the pattadars by the Firka Surveyor, Erode North intimating about the survey work proposed on 25.11.2024. On 25.11.2024, the above lands were surveyed by the Firka surveyor along with the Village Administrative Officer, Nallagoundanpalayam village in the presence of the applicant /pattadars and determined / shown the boundaries of the above lands. The survey work and determination of the boundaries were accepted by the applicant Tmt. Sindhu and she has singed on 25.11.2024 on the day of survey work) the acceptance letter for having known the survey work and determination of the boundaries of the above lands. 3. Though the survey work and determination of the boundaries was already held on the above lands bearing RS No.128/5,6,7,8,9, 10 in the presence of the applicant, the applicant has submitted an application again on 12.01.2025 through the on-line portal vide application ID No.2025/0123/10/0003372 requested to survey the lands bearing RS No.128/9, 10. Subsequently, the applicant Tmt.Sindhu along with two other pattadars Kaladevi and Sangeerthi have filed the present writ petition wantonly suppressed the fact of the survey work held on 25.11.2024 on the lands including 4/7 https://www.mhc.tn.gov.in/judis the lands in question. In this connection, appropriate reply is sent to the writ petitioners vide this office memorandum Na.Ka.No.1313/2025/D1 dted ..03.2025. 3. It is clear from the above that already an application was submitted on 17.10.2024 with the very same request and the survey was conducted on 25.11.2024 and the boundary stones were laid. It is also seen from the survey report that the 3rd petitioner has signed in the same. There is not even a mention about the earlier application filed and the survey conducted in the affidavit filed in support of the writ petition. The averments made in the affidavit filed in support of the writ petition reads as if the application was submitted for the first time on 12.01.2025. In view of the fact that the petitioners have not revealed the earlier survey that was conducted and have not assigned the reasons as to why they want another survey to be conducted in the same property, the relief as sought for in the present writ petition cannot be granted by this Court. 5/7 https://www.mhc.tn.gov.in/judis 4. In the result, this writ petition stands dismissed. No costs. 21.03.2025 Internet : Yes/No Index : Yes/No Speaking Order / Non Speaking Order rka To 1. The Tahsildar, Taluk Office, Erode. 2. The Assistant Director of Survey, 7th Floor, District Collectorate, Erode. 3. The Assistant Divisional Engineer (highways) Moolapalayam, Erode – 638 002 4. The President, Chithode Town Panchayat, Chithode Post, Erode District. 6/7 https://www.mhc.tn.gov.in/judis N. ANAND VENKATESH, J. rka W.P.No.9399 of 2025 21.03.2025 7/7 https://www.mhc.tn.gov.in/judis