K.Gopalan Vs the Commissioner

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 3^rd respondent to 5^th respondent to survey the application mentioned lands and for demarcation of the

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https://www.mhc.tn.gov.in/judis

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W.P. No.25094 of 2025

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boundaries in the survey number 171/1A, 171/1C, 172/1B, 172/1D, 192/2H, 171/1B, 172/1A, 172/1C, 192/2G based on the applications dated 06.11.2024 and consequently direct the 3^rd respondent to 5^th respondent to furnish the copy of the survey report to the petitioner.

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For Petitioner(s) : Mr.S.Periasamy For Respondent(s) : Mr.P.Sathish Additional Government Pleader

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ORDER

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

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2. The present writ petition is filed praying for a writ of mandamus, t o

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direct the respondents 3 to 5, to survey and demarcate the lands comprised in Survey Nos.171/1A, 171/1C, 172/1B, 172/1D, 192/2H, 171/1B, 172/1A, 172/1C, and 192/2G, based on the applications dated 06.11.2024.

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It is submitted by the learned counsel for the petitioners that the

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property comprised in Survey Nos.171, 172 and 192, situated in Mallikundam Village, Mettur Taluk, Salem, originally belonged to petitioners grandfather one Raman. 1^st Petitioner's father one Krishnan and 2^nd petitioner's father one Ponnusamy, inherited the property from petitioners grandfather and entered into 2/6

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an arrangement whereby property comprised in Survey No.171/1A, 171/1C, 172/1B, 172/1E and 192/2H was allotted to the 1^st petitioner's father. While property comprised in 171/1B, 172/1A, 172/1C and 192/2G was allotted to 2^nd petitioner's father. It is further submitted that there is a well in Survey No.171/1D which is used by both the petitioners family.

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3.1. It is submitted by the learned counsel for the petitioners that with a view to demarcate the land, 1^st petitioner (legal heir of Krishnan) submitted an application on 06.11.2024 before 3^rd respondent seeking to conduct survey in respect of property comprised in Survey Nos.171/1A, 171/1C, 172/1B, 172/1E, 192/2H and 171/1D and had paid necessary charges. The 2^nd petitioner (legal heir of Ponnusamy) also submitted an application on 06.11.2024 before 3^rd respondent seeking to conduct survey in respect of property comprised in Survey Nos. 171/1B, 172/1A, 172/1C and 192/2G and had paid necessary charges.

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3.2. It is submitted by the learned counsel for the petitioners that on 20.02.2025, the Land Surveyor, VAO, Mallikundam, measured the lands comprised in Survey Nos.192/2H and 192/2G and did not measure the lands comprised in other survey numbers. Aggrieved by the same, the present writ petition has been filed before this Court.

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4. On this being pointed out, the learned Additional Government Pleader

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would submit that they would consider the petitioners applications dated 06.11.2024 and carry out a survey in respect of the remaining survey numbers and complete the process within a time frame which may be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

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5. In view thereof, the writ petition stands disposed of with a direction to the respondents 3 to 5 to consider petitioners applications dated 06.11.2024 and carry out a survey in respect of the remaining survey numbers and complete the process within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy, after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. 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. No costs.

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11.07.2025

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Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No spp

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https://www.mhc.tn.gov.in/judis

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W.P. No.25094 of 2025

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To: