Palaniyappan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) No.13949 of 2025 Palaniyappan ... Petitioner Vs.

1. The Tahsildar, Kulathur Taluk, Pudukkottai District.

2. The Taluk Surveyor, Kulathur Taluk, Pudukkottai District.

3. The Firka Surveyor, Keeranur Village, Kulathur Taluk, Pudukkottai District.

4. S.Rajendran ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to forbear respondents 1 to 3 from conducting survey in SF No. 319/1D1 having an extent of 5 cents situated at Mandayur Village, Kulattur Taluk, Pudukkottai District on the basis of application give by 4th respondent and consequently and direct the respondent 1 to 3 to conduct survey by referring to 2019 FMB and 1/5

also with the aid of drone technology to fix the property on the basis of petitioner objection dated 30.06.2025.

For Petitioner :Mr.E.Satheesh For Respondents :Mr.P.Thambidurai Government Advocate for R1 to R3 Mr.A.N.Ramanathan for R4

O R D E R

By this writ petition, the petitioner seeks to prevent respondents 1 to 3 from conducting a survey in S.F.No.319/1D3 of an extent of 5 cents. A consequential direction is requested for conducting such survey with reference to the 2019 FMB sketch and by using drone technology.

2. Learned Counsel for the petitioner submits that the petitioner's land was surveyed in the guise of surveying the land bearing S.F.No. 319/1D2, which is owned by the fourth respondent. According to learned counsel, the 2019 FMB sketch depicts the boundaries correctly and that the survey was conducted on such basis and that the survey report was issued on 29.08.2019.

3. Both learned counsel for the fourth respondent and learned 2/5

Government Advocate submit that the petitioner should not be permitted to prevent the conduct of a survey and that if the petitioner wants his property surveyed, learned Government Advocate submits that the requisite online application along with fee should be remitted.

4. Learned counsel for the petitioner further submits that lands to the north of Survey No.319 were purchased by G Square Realtors for purposes of putting up a layout. Therefore, he submits that it is necessary to fix the northern boundary of Survey No.319 so as to correctly measure the lands owned by the petitioner and the fourth respondent, respectively.

5. In view of these submissions, it appears that the solution to the present problem would lie in conducting a survey of the lands of both the petitioner and the fourth respondent by also fixing the northern boundary of Survey No.319. Respondents 1 to 3 are directed to conduct such survey by issuing notice to the petitioner, the fourth respondent and the owners of all neighbouring lands who would be affected by such survey. The petitioner shall file the requisite online application and remit necessary fees in this regard. The entire exercise shall be completed within twelve weeks from the date of receipt of a copy of this order. 3/5

6. This writ petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petition is closed. 10.09.2025 NCC :No Internet :Yes Index :No PKN To

1. The Tahsildar, Kulathur Taluk, Pudukkottai District.

2. The Taluk Surveyor, Kulathur Taluk, Pudukkottai District.

3. The Firka Surveyor, Keeranur Village, Kulathur Taluk, Pudukkottai District.

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 10.09.2025 5/5