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Madras High CourtWP/37184/2025allowed

Anpazhagan K v. The Tahsildar

2025-10-06Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.37184 of 2025 and WMP.no.41620 of 2025 Anpazhagan K ... Petitioner Vs.

1.The Thasildhar, Valapady Taluk, Salem District 2.The Head Surveyor, Valapady Taluk, Salem District 3.The Firka Surveyor, Valapady Taluk, Salem District ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the file of the third respondent in proceedings dated 23.08.2025 and quash the same as illegal, incompetent and without 1/6

jurisdiction and further direct the 2nd & 3rd respondents to survey the petitioner's property in survey number 70/7 measuring an extent of 6 cents in patta No.555 respectively situated at Muthampatti Village, Valapady Taluk, Salem District and fix its boundaries as per the settlement deed No.1835/2025, within the period that may be stipulated by this Court.

For Petitioner : Mr.A.Arun Kumar For Respondents : Mr.N.Naveen Kumar, Government Advocate

O R D E R

This writ petition has been filed challenging the survey report submitted by the third respondent dated 23.08.2025. 2.

The petitioner submitted application dated 30.06.2025 seeking to survey his property comprised in survey No.70/7 to an extent of 6 cents in patta No.555 situated at Muthampatti Village, Valapadi Taluk, Salem District. However, according to the petitioner, without even surveying the said property, the third respondent simply uploaded the survey report.

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3.

The learned counsel for the petitioner would submit that the petitioner was not even present in the subject property during the survey. Further, no notice was given to the petitioner. Therefore, surveyor report has been uploaded without surveying the land. 4.

Heard the learned counsel appearing on either side and perused all the materials placed before this Court. 5.

On perusal of the survey report, it is revealed that the third respondent did not obtain any signature from the petitioner. 6.

In view of the above, the surveyor report cannot be sustained and the same is liable to be quashed. Accordingly, the impugned proceedings dated 23.08.2025 of the third respondent is quashed. The third respondent is directed to make fresh survey of the subject property owned by the petitioner in the presence of the petitioner after issuance of notice to the petitioner and counter parties, if any, and 3/6

to issue a report to the petitioner within a period of eight weeks from the date of receipt of this order.

7.

With the above direction, this writ petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.The Thasildhar, Valapady Taluk, Salem District 2.The Head Surveyor, Valapady Taluk, Salem District 3.The Firka Surveyor, Valapady Taluk, Salem District 5/6

G.K.ILANTHIRAIYAN, J.

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