Madras High CourtWP/43502/2025disposed of

Balaya @ Balaji v. The Tahsildar

2026-01-22Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

1. Balaya @ Balaji Petitioner(s) Vs

1. The Tahsildar Vellore Taluk Office, Vellore District 2.The Surveyor Officer, Survey Section Office, Vellore Taluk Office, Vellore District 3.P. Sridhar, (R3 impleaded vide order dated 21.11.2025 made in W.M.P.No.50598/2025 in W.P.No.43502/2025 by NAVJ) Respondent(s) PRAYER Calling for records is connection with impugned order in Na.Ka.No.Aaa5/2164/2025 dated 28/08/2025 passed by the 1st respondent and quash the same consequently directing the 1st respondent to make proper survey and measure in respect of S.No.231/3 situated in Virupatchipuram, Vellore Taluk and District grant such other relief as deems fit to this Hon'ble court under the circumstances of the case and thus render justice. For Petitioner(s):

M/s.R T Sundari For Respondent(s):

Mr.D.Ravichander, Spl Gp For R1 And R2

ORDER

This writ petition has been filed, challenging the impugned order dated 28.08.2025 passed by the first respondent, rejecting the petitioner's request for survey and demarcation of the boundaries of the petitioner's property morefully

described in the prayer to this writ petition on the ground that objections have been raised by certain third parties, one of such third party is the third respondent in this writ petition.

2. Notice was issued to the third respondent in this writ petition. The said notice has also been returned with an endorsement 'unclaimed'. Hence, the third respondent is set exparte by this Court.

3. No prejudice would be caused to the respondents if the matter is remanded back to the very same respondent for fresh consideration on merits and in accordance with law after hearing the objections of the third respondent as well as any other third party whom the first respondent deems it fit to enquire within a time frame to be fixed by this Court.

4. Since the impugned order has been passed only on the ground that certain third parties have objected to the survey and demarcation of the boundaries, without naming those third parties, this Court is of the considered view that the impugned order will have to be quashed and remanded back to the very same respondent for fresh consideration on merits and in accordance with law within the time frame to be fixed by this Court after hearing the objections of the third respondent and any other third party whom the first respondent deems fit to enquire.

5. For the foregoing reasons, the impugned order dated 28.08.2025 is hereby quashed and the matter is remanded back to the first respondent for fresh consideration on merits and in accordance with law. The first respondent is directed to hear the objections of the third respondent and any other third party whom the first respondent deems fit to enquire while considering the petitioner's application, seeking for survey and demarcation of boundaries. Only after hearing the said objections, the first respondent shall survey and demarcate the boundaries for the property morefully described in the prayer to this writ petition. The first respondent is directed to complete the aforesaid exercise of survey and demarcation of boundaries within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. No Costs. 22-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The Tahsildar Vellore Taluk Office, Vellore District 2.The Surveyor Officer, Survey Section Office, Vellore Taluk Office, Vellore District

ABDUL QUDDHOSE J.

ab 22-01-2026