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Madras High CourtWP(MD)/23453/2025disposed of

Chinnadurai v. The Tahsildar

2025-09-22Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Chinnadurai ... Petitioner Vs.

1. The Tahsildar, Taluk Office, Aundipatti Taluk, Theni District.

2. The Firka Surveyor, Rajadhani Firka, Taluk Office, Aundipatti Taluk, Theni District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 2nd respondent displayed in the official website of survey and settlement, Government of Tamil Nadu dated 09.08.2025 and the consequential impugned order vide mobile message dated 09.08.2025 issued by the 2nd respondent and quash the same as illegal and consequently direct the respondents to 1/5

survey and demarcate the properties comprised in Survey No.22/1 and extent of 0.29.50 Hectare (73 Cents) and Survey No.4/2B an extent of 0.20.00 Hectare (50 Cents) situated at Balakombai Village, Aundipatti Taluk, Theni District.

For Petitioner :Mr. R.Murugan For Respondent :Mr.M.Muthumanikkam Government Advocate

O R D E R

By relying on settlement deed dated 05.09.2019, sale deed dated 23.03.2022, Patta No.58 in the name of the petitioner and Patta No.1926 in the name of the petitioner and his brother, the petitioner had applied for a survey. Such request was rejected by order dated 09.08.2025 which is impugned herein.

2. Learned counsel for the petitioner submits that the impugned order cannot be sustained in view of the above-mentioned documents in the name of the petitioner and his brother.

3. Learned Government Advocate submits that the respondents may be directed to reconsider the matter.

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4. On perusal of the impugned order, it appears that the request for survey was rejected on the ground that the petitioner does not have a patta in respect of the relevant survey number/sub-division number. The petitioner has placed on record Patta No.58 in his name and Patta No. 1926 in the names of the petitioner and his brother Anbarasan. In view of these documents, the impugned order cannot be sustained and is hereby set aside.

5. As a corollary, the respondents are directed to reconsider the petitioner's application and take necessary action thereon within twelve weeks from the date of receipt of a copy of this order after putting the owners of relevant adjacent lands on notice. This writ petition is disposed of on these terms. No costs.

22.09.2025 NCC :No Internet :Yes Index :No PKN 3/5

To

1. The Tahsildar, Taluk Office, Aundipatti Taluk, Theni District.

2. The Firka Surveyor, Rajadhani Firka, Taluk Office, Aundipatti Taluk, Theni District.

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 22.09.2025 5/5