Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 81810 (MAD)

V.VENKATESAN v. THE TAHSILDAR

WP/29101/2025 · 2025-08-11

Mohammed Shaffiq

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.29101 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.08.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.29101 of 2025 and WMP No.32660 of 2025 V.Venkatesan : Petitioner Vs. 1.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai Tiruvannamalai District -606 601. 2.The Surveyor, Thachampattu Firka, Tiruvannamalai Taluk, Tiruvannamalai Tiruvannamalai District-606 601. 3.R.Rajkumar 4.A.Vinayagam 5.R.Pazhaniammal : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing respondents 1 and 2 to consider the application No.2023/0123/06/000346 dated 26.12.2023 for survey and measure to fix the boundaries of the agricultural dry land bearing Survey No.127/6C, measuring an extent of 0.12 cents and Survey No.127/6D, measuring an extent of 0.74 cents totally 0.86, situated at Pazhayanur Village, Tiruvannamalai Taluk and 1/6 https://www.mhc.tn.gov.in/judis W.P.No.29101 of 2025 Tiruvannamalai District as per the direction issued in C.C.No.67/2024 by the District Consumer Disputes Redressal Forum, Tiruvannamalai dated 13.02.2025 and pass orders. For Petitioner : Mr.J.Selvarajan For Respondents : Mr.A.Selvendran Special Government Pleader for R1 and R2 ORDER By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage 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 respondent Nos.3 to 5 is dispensed with. 2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 and 2 to consider the application No.2023/0123/06/000346 dated 26.12.2023 seeking survey and measure the agricultural dry lands comprised in Survey No.127/6C, measuring an extent of 0.12 cents and Survey No.127/6D, measuring an extent of 0.74 cents, situated at Pazhayanur Village, Tiruvannamalai Taluk and Tiruvannamalai District as per the direction issued in C.C.No.67/2024 2/6 https://www.mhc.tn.gov.in/judis W.P.No.29101 of 2025 by the District Consumer Disputes Redressal Forum, Tiruvannamalai dated 13.02.2025. 3. It is submitted by the learned counsel for petitioner that petitioner may be permitted to place reliance on the order in C.C.No.67/2024 dated 13.02.2025 of the District Consumer Disputes Redressal Forum, Tiruvannamalai before the appropriate authority conducting the survey along with any material/document. 4. Learned Special Government Pleader would submit that they would consider petitioner's application dated 26.12.2023 by taking into account the order in C.C.No.67/2024 dated 13.02.2025 of the District Consumer Disputes Redressal Forum along with any material/document placed by petitioner and pass appropriate orders, within a time frame to be fixed by this Court, which was agreed to by learned counsel for the petitioner 5. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) It is open to petitioner to place reliance upon the order in C.C.No.67/2024 3/6 https://www.mhc.tn.gov.in/judis W.P.No.29101 of 2025 dated 13.02.2025 of the District Consumer Disputes Redressal Forum, Tiruvannamalai along with any material/document before respondents 1 and 2. i) The respondents 1 and 2 shall consider the application dated 26.12.2023 and pass appropriate orders in accordance with law, after issuing notice to the petitioner, respondents 3 to 5, adjacent land owners and all other interested parties including rival claimants, if any, by taking into account the order in C.C.No.67/2024 dated 13.02.2025 of the District Consumer Disputes Redressal Forum along with any material/document placed by the petitioner. 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 1 and 2 to call for any document/conduct enquiry, if any, while considering the application necessary for conducting survey of subject property. It is also open to respondents 1 and 2 to call for documents to satisfy itself of petitioner's entitlement for requesting survey of subject property. iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for 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 concerned respondent to consider the 4/6 https://www.mhc.tn.gov.in/judis W.P.No.29101 of 2025 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. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 11.08.2025 Speaking (or) Non Speaking Order Neutral Citation: Yes/No mrn To 1.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai Tiruvannamalai District -606 601. 2.The Surveyor, Thachampattu Firka, Tiruvannamalai Taluk, Tiruvannamalai Tiruvannamalai District-606 601. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.29101 of 2025 MOHAMMED SHAFFIQ, J. mrn W.P.No.29101 of 2025 11.08.2025 6/6 https://www.mhc.tn.gov.in/judis