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2025 Supreme(Online)(Mad) 65440

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J
N.Jothi – Appellant
Versus
The District Collector Puducherry – Respondent
WP No. 41997 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Sharath Chandran
For the Respondents: Mr.V.Vasantha Kumar

The court affirmed the necessity for government entities to act on property survey requests in accordance with proper procedures and timelines.

Headnote:This case deals with the issuance of a writ of mandamus under Article 226 of the Constitution of India, directing the second respondent to survey the petitioner’s property. The petitioner asserts ownership through inheritance and seeks to resolve boundary issues with government authorities. The court found that due process was not followed regarding previous applications and thus directed the second respondent to conduct the survey within a specified timeframe. The main issue is whether the respondents will comply with the petitioner's request for a survey. The court underscored the importance of acting upon such applications in a timely manner. The writ petition is disposed of with the directive to conduct the survey within four weeks.

Table of Content
1. issuance of writ for property survey. (Para 1 , 2)
2. inheritance claims require formal survey actions. (Para 3)
3. court mandates timely action for boundary resolution. (Para 4)

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the 2nd respondent to act upon the application submitted by the petitioner from 21.12.2017 - 23.6.2023, wherein the petitioner is seeking for the survey of the subject property and for demarcation of boundaries.

2.Heard Mr.Sharath Chandran, learned counsel for the petitioner, and Mr.V.Vasantha Kumar, learned Additional Government Pleader (Puducherry) for respondents.

3.The case of the petitioner is that her grandfather is the owner of the subject property and the petitioner has inherited the property and she is in absolute possession and enjoyment of the same. The revenue records were not mutated in the name of the petitioner. Hence, the petitioner wanted a survey to be conducted in the subject property for fixing the boundaries. Since the repeated applications were not acted upon, the present petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2nd respondent to act upon the application submitted on 23.6.2023 and to conduct the survey in the subject property and fix the boundaries based on the documents relied upon by the petitioner and this process shall be completed within a period of four weeks from the date of receipt of copy of the order. If there are any other interested parties, such survey shall be conducted in their presence.

This writ petition is disposed of with the above directions. No costs.

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