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Madras High CourtWP/42308/2025disposed of

S. Malar v. The Tahsildar

2026-01-07Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.Malar ... Petitioner Vs.

1.The Tahsildar, Pethanaickenpalayam Taluk, Salem District.

2.The Taluk Surveyor, Pethanaickenpalayam Taluk, Salem District.

3.The Inspector of Police, Yethapur Police Station, Pethanaickenpalayam Taluk, Salem District.

4.S.Soundarm ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to depute a competent surveyor to make survey to the petitioner's land in Survey No.162/1 of Thumbal Village, which is situated at Pethanaickenpalayam Taluk, Salem District, with the aid of the 3rd respondent, to give police protection on the day of surveying the petitioner's land within a stipulated time that may be fixed by this Court. Page No.1 of 4

For Petitioner : Mr.R.Naresh Kumar For Respondents : Mr.S.Arumugam Government Advocate [R1 & R2] Mr.R.Venkatesa Perumal Government Advocate (Crl.Side) [R3] Mr.R.Selvabharathi [R4] *****

ORDER

This Writ Petition has been filed seeking a direction to the respondents to survey and demarcate the property, which according to the petitioner is owned by her, based on her application, dated 18.08.2025, within a time frame to be fixed by this Court.

2. The petitioner had submitted an application on 18.08.2025 for the aforesaid purpose. Since the same has not been considered by the respondents till date, the petitioner has filed this writ petition.

3. No prejudice would be caused to the respondents, if the 2nd respondent is directed to survey and demarcate the boundaries of the petitioner's property morefully described in the prayer to this writ petition, after hearing the objections, if any, from the neighbouring land owners as well as any other party and the 4th respondent as they deem fit. Accordingly, this writ petition is disposed of in the following manner:- Page No.2 of 4

(a) Before surveying the lands in question, the 2nd respondent is directed to issue notice to the neighbouring land owners, 4th respondent and also to any other party, if they deem fit to put on notice. (b) After receiving objections if any and after considering the same, the 2nd respondent shall conduct survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition, on merits and in accordance with law, with the assistance of 3rd respondent, if required, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

(c) There shall be no order as to costs.

07.01.2026 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Tahsildar, Pethanaickenpalayam Taluk,Salem District.

2.The Taluk Surveyor, Pethanaickenpalayam Taluk, Salem District.

3.The Inspector of Police, Yethapur Police Station, Pethanaickenpalayam Taluk, Salem District.

Page No.3 of 4

ABDUL QUDDHOSE, J.

sp 07.01.2026 Page No.4 of 4