C.Somasundaram v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.20337 of 2025 C.Somasundaram ... Petitioner Vs.

1. The Tahsildar, Illuppur Taluk, Pudukkottai District.

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

3. The Inspector of Police, Thirukokarnam Police Station, Pudukkottai District.

4. Saravanan

5. P.Kumar

6. Chinnakannu

7. P.Chidamparam

8. Sekar

9. Tamilraja 10.K.Vellaisamy ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing directing the respondents No.1 and 2 to survey the petitioner's property and fix the four boundaries in S.F.No.73/4 to an extent of 0.17.50 hectares situated at Marayappatti Village, Illuppur Taluk, Pudukkottai District, with necessary police protection of the 3rd respondent, based on the petitioner's application dated 24.06.2025.

For Petitioner : Mr.A.Thiyagarajan For R1 and R2 : Mrs.S.Jeya Priya Government Advocate For R3 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side)

ORDER

The petitioner herein seeks a direction to the respondents 1 and 2 to survey the property situated in S.F.No.73/4 situated in Marayappatti Village, Illuppur Taluk, Pudukkottai District, by considering his application dated 24.06.2025.

2. Heard the learned counsel appearing for the petitioner, Mrs.S.Jeya Priya, learned Government Advocate who takes notice for the respondents 1 and 2 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side) who takes notice for the 3rd respondent. 2/6

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

4. According to the petitioner, the subject property originally belongs to his family members. The Patta for the subject property also jointly stands in the name of the petitioner, petitioner's mother and brother. The petitioner's mother died and the petitioner's brother executed a Release Deed on 03.03.2024, releasing his share in the subject property in favour of the petitioner. Since the petitioner's mother already died and the petitioner's brother also executed a Release Deed in favour of the petitioner, the petitioner claims absolute ownership over the subject property. The petitioner has also submitted an application in kD vz;: 2025/0123/22/010200 dated 24.06.2025, seeking survey of the subject property. However, the same has not been considered and hence, the petitioner has come before this Court.

5. Mrs.S.Jeya Priya, learned Government Advocate who takes notice for the respondents 1 and 2 would submit that the application submitted by 3/6

the petitioner dated 24.06.2025 will be considered within the time stipulated by this Court.

6. In view of the same, without expressing any opinion on the merits of the matter, the respondents 1 and 2 are directed to consider the application of the petitioner dated 24.06.2025 and pass final orders on its own merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order, after hearing the petitioner, neighboring land owners and other interested parties.

7. The writ petition is disposed of with the above observations. No costs.

25.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Tahsildar, Illuppur Taluk, Pudukkottai District.

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

3. The Inspector of Police, Thirukokarnam Police Station, Pudukkottai District.

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S.SOUNTHAR , J.

rgm W.P.(MD).No.20337 of 2025 25.07.2025 6/6