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Madras High CourtWP/10429/2026disposed of

Muthusamy v. The Tahsildar

2026-03-17Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and WMP No.11301 of 2026 Muthusamy S/o.Karuppan 5/20,Thamburettipalayam Suriyanallur village Dharapuram Taluk Tiruppur District ..Petitioner(s) Vs

1. The Tahsildar Dharapuram Taluk Tiruppur District

2. The Firka Surveyor Sankarandampalayam village Dharapuram Taluk Tiruppur District

3. The Village Administrative officer Suriyanallur village Dharapuram Taluk Tiruppur District ..Respondent(s) Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the records relating to the order dated 30.9.2025 passed by the 2nd respondent quash the same and consequently, direct the respondents to survey the land at S.F.No.467/3 in Suryanallur village of Dharapuram Taluk in Tiruppur District by considering the petitioners representation dated 5.8.2025 For Petitioner(s):

Mr.N.Ponraj

For Respondent(s):

Mr.C.Jayaprakash Government Advocate

ORDER

This writ petition has been filed challenging the impugned order passed by the second respondent on 30.09.2025, rejecting the petitioner's request for survey and demarcation of the boundaries of the property more fully disclosed in the prayer to this writ petition. 2.

The petitioner has challenged the impugned order on the ground that it is a non speaking order with regard to the petitioner's contentions and that it has been passed in violation of principles of natural justice. 3.

Mr.Harish P, learned Government Advocate, accepts notice on behalf of the respondents. As seen from the impugned order, no reasons have been assigned by the 2nd respondent for rejecting the petitioner's application seeking survey and demarcation of boundaries and no opportunity of hearing was afforded to the petitioner by the second respondent prior to the passing of the impugned order.

4.

The contentions of the petitioner as raised in this writ petition have also not been considered. Since the impugned order is a non-speaking order and

has been passed in violation of Principles of natural justice, necessarily the impugned order dated 30.09.2025 has to be quashed and the matter has to be remanded back to the 1st respondent for fresh consideration. 5.

Accordingly, this writ petition is disposed of with the following directions:- (a) The impugned order dated 30.09.2025 issued by the second respondent is hereby quashed and the matter is remanded back to the first respondent for fresh consideration on merits and in accordance with law.

(b) The first respondent shall conduct the survey and demarcate the boundaries of the property more fully disclosed in the prayer to this writ petition, after hearing the objections of the neighbouring land owners and any other third party whom the 1st respondent deems fit to put on notice.

(c) The aforesaid exercise shall be completed by the 1st respondent within a period of twelve weeks from the date of receipt of a copy of this order.

No costs. Consequently, the connected miscellaneous petition is closed. 17-03-2026 Index: Yes/No Speaking/Non-speaking order RKA

To

1. The Tahsildar Dharapuram Taluk Tiruppur District

2. The Firka Surveyor Sankarandampalayam village Dharapuram Taluk Tiruppur District

3. The Village Administrative officer Suriyanallur village Dharapuram Taluk Tiruppur District

ABDUL QUDDHOSE, J.

RKA 17-03-2026