Kaliyaperumal v. The Tahsildar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 30.07.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P.(MD)No.19190 of 2025 Kaliyaperumal ... Petitioner Vs

1. The Tahsildar, Aranthangi Taluk, Pudukkottai District.

2. The Head Surveyor, Aranthangi Taluk, Pudukkottai District.

3. Udaiyar Ambalakarar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to not to conduct any survey work in the land in Survey number 50/3A Nemmelikkadu Village, Aranthangi Taluk, Pudukkottai District without giving notice to the petitioner by considering his representation dated 14.06.2025 within a time stipulated by this Court. For Petitioner : Mr.K.P.Sankarakumarakurubaran For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader for R1 & R2 1/4

O R D E R

This Writ Petition is filed seeking a direction to the first respondent to not to conduct survey of the property situated in S.No. 50/3A Nemmelikkadu Village, Aranthangi Taluk, Pudukkottai District without giving notice to the petitioner, by considering the petitioner's representation dated 14.06.2025.

2. Heard the arguments of Mr.K.P.Sankarakumarakurubaran, learned counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader, who takes notice for the respondents 1 and 2. Since no adverse order is passed against the 3rd respondent, notice to him dispensed with. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, the subject property was purchased by his maternal grandfather Sannasi, out of his own funds. However, one Udaiyar Ambalakarar, S/o.Karuppaiah Ambalakarar, viz., the third respondent herein said to have moved the official respondents seeking survey of the property, based on certain documents. Therefore, the 2/4

petitioner submitted the instant representation on 14.06.2025, requesting the official respondents not to survey the property by asserting his alleged right over the same. However, the petitioner has not produced any title document in favour of his grandfather Sannasi. However, patta for the subject property in patta No.270 stands in the name of Sannasi and the above said Udaiyar Ambalakarar, S/o.Karuppaiah Ambalakarar.

4. In these circumstances, this Court is not inclined to issue any positive direction to the respondents to not to conduct survey of the subject property. However, since the name of the third respondent is found along with the name of Sannasi, S/o.Murugan Ambalam in the patta for the subject property, if any request is made for survey of the property, the official respondents shall consider the same only after issuing notice to the pattathars mentioned in patta No.270 or in their absence, their legal representatives.

5. With this clarification, this Writ Petition is disposed of. There shall be no order as to costs.

30.07.2025 3/4

vsm Index: Yes/No S.SOUNTHAR, J.

vsm To

1. The Tahsildar, Aranthangi Taluk, Pudukkottai District.

2. The Head Surveyor, Aranthangi Taluk, Pudukkottai District.

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