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Madras High CourtWP(MD)/13384/2025disposed of

Murugesan v. The Thasildhar

2025-06-18Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 13384 of 2025 Murugesan ... Petitioner vs.

1. The Thasildhar, Nilakottai Taluk, Dindigul District.

2. The Surveyor, Nilakottai Taluk, Dindidul District.

3. The Inspector of Police, Nilakottai Police Station, Dindidul District.

4. Ponraj

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent no.1 and 2 herein to conduct survey and demarcate four boundaries in respect of the property comprised in 263 6C situated at Kullalakundu, Nilakottai Taluk, Dindigul District with the aid of the respondent no.2 and consequently direct the respondent no.1 and 2 to issue survey report within a stipulated time period in accordance with law on the basis of the application dated 24.10.2024. 1/5

For Petitioner : Mr.G.Vishnuram For Respondents : Mr.M.Lingadurai, Special Government Pleader, for R-1 & R-2 M/s.M. Aasha, Government Advocate (Criminal side) for R-3 Mr.T. Kanagaraj, for R-4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus directing the respondent no.1 and 2 herein to conduct survey and demarcate four boundaries in respect of the property comprised in 263 6C situated at Kullalakundu, Nilakottai Taluk, Dindigul District with the aid of the respondent no.2 and consequently direct the respondent no.1 and 2 to issue survey report within a stipulated time period in accordance with law on the basis of the application dated 24.10.2024.

2. The contention of the petitioner is that he purchased the said property from his uncle. However, the 4th respondent is setting up a rival claim over the property.

3. When the petitioner disputed the title claimed by the 4th respondent, the latter filed a suit in O.S. No. 549 of 2025 on the file of the Principal Sub Court, Dindigul, which is currently pending. The petitioner is also a party to the said suit.

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4. The present writ petition has been filed by the petitioner seeking a direction to the respondents to survey and demarcate the four boundaries of the property. Surveying the property will not curtail the rights of the 4th respondent. Since the 4th respondent is presently in possession of the property, the petitioner is restrained from taking possession. Both parties shall abide by the outcome of the suit.

5. Therefore, this writ petition is disposed of. The 1st respondent / Tahsildar is directed to conduct a survey and demarcate the property along with the 2nd respondent. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs. 18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 3/5

To:

1. The Thasildhar, Nilakottai Taluk, Dindigul District.

2. The Surveyor, Nilakottai Taluk, Dindidul District.

3. The Inspector of Police, Nilakottai Police Station, Dindidul District.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No. 13384 of 2025 DATED :18.06.2025 5/5