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Madras High CourtWP(MD)/15987/2025disposed of

Vijayakumar v. The Tahsildar

2025-06-16Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.15987 of 2025 Vijayakumar ... Petitioner Vs.

1. The Tahsildar, Palani Taluk, Dindigul District.

2. The Firka Surveyor, Palani Taluk, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to survey and demarcate the four boundaries by planting survey stones in Survey Nos.349/1B2 (measuring about 0-51.60 ares) and 349/1B4 (measuring about 0-51.60 ares) situated at Rajampatti Village, Palani Taluk, Dindigul District based on the online application vide Challan No. 2025/0123/13/010737 dated 22.03.2025.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.D.S.Nedunchezian Government Advocate 1/6

ORDER

The petitioner herein seeks a direction to the respondents to survey and demarcate the four boundaries of the properties situated in S.No.349/1B2 with an extent of 0-51.60 ares and S.No.349/1B4 with an extent of 0-51.60 ares situated at Rajampatti Village, Palani Taluk, Dindigul District by considering the petitioner's online application dated 22.03.2025 bearing kD vz;/2025/0123/13/010737.

2. Heard the learned counsel appearing for the petitioner and Mr.D.S.Nedunchezhian, learned Government Advocate who takes notice for the respondents.

3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself. 2/6

4. According to the petitioner, he purchased the above mentioned property under a registered Sale Deed dated 28.06.2022 from one Rajeshwari. Patta for the said property also stands in the name of the petitioner in Patta No.1271. He submitted an application through online on 22.03.2025, seeking survey of the above mentioned property. The same has not been considered. Hence, the petitioner has come before this Court.

5. Mr.D.S.Nedunchezian, learned Government Advocate who takes notice for the respondents would submit that in respect of the subject property a Civil Suit is pending between Karuppasamy & another and Sakthivel and others in O.S.No.98 of 2021, on the file of the learned Additional Sub Judge, Palani and hence, the application of the petitioner has not been considered.

6. Even as per the submissions made by the learned Government Advocate, the petitioner herein was not a party in the Civil Suit. It appears that one Karuppasamy & another filed a suit against Valliyammal and Thiyagarajan, who were Rajeshwari's vendor.

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7. In such circumstances, without expressing any opinion on the merits of the matter, this Court is inclined to direct the respondents to consider the online application of the petitioner dated 22.03.2025 and pass final orders on its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and the other interested parties.

8. The writ petition is disposed of with the above observations and directions. No costs.

16.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Tahsildar, Palani Taluk, Dindigul District.

2. The Firka Surveyor, Palani Taluk, Dindigul District.

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S.SOUNTHAR , J.

rgm W.P.(MD).No.15987 of 2025 16.06.2025 6/6