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Madras High CourtWP(MD)/15835/2025disposed of

V.Muruganantham v. The Tahsildar

2025-06-12Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR V.Muruganantham ... Petitioner Vs.

1.The Tahsildar, Thiruppuvanam Taluk Office, Thiruppuvanam, Sivagangai District.

2.The Taluk Surveyor, Thiruppuvanam Taluk Office, Sivagangai District.

3.The Sub Inspector of Police, Palayanoor PoliceStation, Thiruppuvanam Taluk, Sivagangai District.

4.R.Eswaran 5.R.Rajaji 6.R.Rajapandi ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India,

praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to consider survey, demarcate and lay the four boundaries in respect of the petitioner's property comprised in S.No.249/2 of an extent of 1.35.50 hectares situated at Keelarangiyam Village, Thiruppuvanam Taluk, Sivagangai District, with adequate police protection by considering the petitioner's representation dated 10.02.2025 and 17.02.2025 within the time stipulated by this Court. For Petitioner : Mr.C.Gangai Amaran For R1 and R3 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.M.Vaikkam Karunanithi Government Advocate For R4 to R6 : M/s.Vijayalakshmi Natarajan

ORDER

The petitioner herein seeks a direction to the respondents 1 to 3 to conduct survey of the property situated in Survey No.249/2, Keelarangiyam Village, Thiruppuvanam Taluk, Sivagangai District, by considering his application dated 10.02.2025.

2.Heard the arguments of Mr.C.Gangai Amaran, learned counsel appearing for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 1 and 2, Mr.M.Vaikkam Karunanithi, learned Government Advocate appearing for the third respondent and M/s.Vijayalakshmi Natarajan, learned counsel for the respondents 4 to 6.

3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4.It is the case of the petitioner that he acquired right over the above mentioned property under a registered sale deed dated 15.10.2024. The patta for the subject property also stands in the name of the petitioner. The petitioner submitted an online application before the second respondent on 10.02.2025 in Application No. 2025/0123/23/006684 seeking survey of the subject property. The said application has not been considered till date. Hence, the petitioner has come before this Court.

5.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the online application of the petitioner will be considered on its own merits within the time stipulated by this Court.

6.The learned counsel appearing for the respondents 4 to 6 would submit that the review applications filed by the private respondents in Review Application (MD)Nos.122 and 123 of 2014 in S.A(MD) Nos.27 and 918 of 2006 are pending and therefore, the request for survey may not be considered.

7.A mere survey of the property will not affect the rights of the parties over the subject property. The same will not affect the rights of the private respondents in Review Application(MD)Nos.122 and 123 of 2014 in S.A(MD) Nos.27 and 918 of 2006. In these circumstances, the respondents 1 and 2 are directed to consider the online application of the petitioner dated 10.02.2025 and pass final orders on its own merits, within a period of twelve weeks from the date of receipt of a copy of this

order, after issuing notice to the petitioner and private respondents 4 to 6. Accordingly, this Writ Petition is disposed of. No costs. 12.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Tahsildar, Thiruppuvanam Taluk Office, Thiruppuvanam, Sivagangai District.

2.The Taluk Surveyor, Thiruppuvanam Taluk Office, Sivagangai District.

3.The Sub Inspector of Police, Palayanoor PoliceStation, Thiruppuvanam Taluk, Sivagangai District.

S.SOUNTHAR ,J cp W.P.(MD)No.15835 of 2025 Dated: 12.06.2025