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Madras High CourtWP(MD)/21203/2025disposed of

Selvakumar v. The Tahsildar

2025-09-17Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.21203 of 2025 Selvakumar

...Petitioner

Vs 1.The Tahsildar, Ottanchathiram Taluk, Dindigul District.

2.The Head Surveyor, Ottanchathiram Taluk Office, Ottanchathiram Taluk, Dindigul District.

3.P.Senthilkumar (R3 is impleaded vide court order dated 18.08.2025 in WMP(MD)No.17604 of 2025 in WP(MD)No.21203 of 2025)

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to measure the property in Survey No.109/3S in Reddiapatti, Ottanchathiram Taluk, Dindigul district to measure the petitioner property based on the petitioner's survey receipt challan No.2024/N123/13/005116 dated 16.08.2024 within the stipulated period by this Court.

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For Petitioner : Mr.T.Ramasamy For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 and R2 Mr.C.Abul Kalam Azad for R3

ORDER

The petitioner states that he owns agricultural land in S.No.109/3S by relying on partition deed bearing document No.1045 of 2021. The petitioner also relies on the patta in the name of Chellappan, the petitioner's father, and subsequent patta No.531 in the petitioner's name. On this basis, the petitioner contends that he is entitled for survey of his property. 2.This request is opposed by the 3rd respondent. The said 3rd respondent relies on patta No.359, which is a joint patta in the names of 5 persons and is also in respect of S.No.109/3. Learned counsel for the 3rd respondent submits that an appeal has been filed before the Revenue Divisional Officer on 20.01.2025 for cancellation of the patta issued to the petitioner. She contends that the said appeal should be decided before the petitioner's request for survey is considered.

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3.Learned Special Government Pleader submits that the 3rd Respondent's appeal would be considered and disposed of on merits within 2 months. Based on the outcome thereof, he submits that the petitioner's request for survey would be considered.

4.In view of the above submissions, this writ petition is disposed of by directing the Revenue Divisional Officer, Palani Division to consider and dispose of the 3rd respondent's appeal, dated 20.01.2025, within 2 months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner, the 3rd respondent and any others who are interested in the relevant property. If the petitioner herein is successful in such appeal, the petitioner's request for survey shall be acted upon within 2 months from the date of the decision of the Revenue Divisional Officer after providing a reasonable opportunity to all concerned.

5.The writ petition is disposed of on these terms without any order as to costs.

17.09.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

SENTHILKUMAR RAMAMOORTHY , J.

RJR To

1. The Tahsildar, Ottanchathiram Taluk, Dindigul District.

2. The Head Surveyor, Ottanchathiram Taluk Office, Ottanchathiram Taluk, Dindigul District.

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