Palanivel v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.22708 of 2025 and W.M.P(MD)No.17776 of 2025 Palanivel ... Petitioner/Petitioner .Vs.

1.The Tahsildar, Musiri Taluk Office, Musiri,Trichy District.

2.The Firka Surveyor Thumbalam Firka, Musiri Taluk, Trichy District.

3.Sampoornam ... Respondents/Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned notice of the second respondent vide his proceedings in Aa.Ka.ma.007857, dated 6.8.2025 and quash the same as illegal.

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For Petitioner : Mr.K.Arunraj For Respondents : Mrs.S.Jeya Priya 1 and 2 Govt. Advocate

O R D E R

The Writ Petition is filed challenging the survey notice issued by the second respondent seeking survey of the property in S.Nos.26/10,45/11,51/6B, 7C,7D,8A,9B,9D, 52/12B, 12C, 12E on the application submitted by the third respondent. 2.Mr.S.Jeya Priya, learned Government Advocate takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the Petitioner, he owns 2.72 acres of land in S.Nos.51/6, 51/8, 51/11, 51/9 and 52/12 in Kamatchipatti Village, Musiri Taluk. The said property was originally purchased by the Petitioner's father under sale deed, dated 19.6.1968.After the death of Petitioner's father, patta stands in the name of Petitioner in Patta Nos.583, 584 and 586.The name of the third respondent has been wrongly included in the revenue records. Therefore the Petitioner approached the revenue authorities seeking deletion of 2/6

third respondent's name from the revenue records. The District Revenue Officer, Trichy conducted an enquiry and pass orders on 3.12.2024 directing the Petitioner to get appropriate relief from the competent Civil Court. In the meantime, the third respondent filed a Writ Petition before this Court in W.P(MD)No.11755 of 2025 seeking issuance of a Writ of Mandamus forbearing the first respondent herein and his men from surveying the Petitioner's property. The said Writ Petition was disposed of by directing the authorities to issue notice to the third respondent before undertaking any such survey. Thereafter the third respondent himself filed an application before the second respondent seeking survey of the subject property. Therefore the Petitioner filed this Writ Petition asserting his right over the subject property. 4.

The Writ Petition is filed only questioning the survey notice issued by the second respondent. It is always open to the Petitioner to raise his objection for survey by submitting a written representation before the second respondent. If any such representation is filed, the same shall be considered by the second respondent in accordance with law. The Petitioner is directed to submit his objections within a period of two weeks from the date of receipt of a copy of this order.

issuing notice to the Petitioner and third respondent and pass final orders on the application submitted by the third respondent seeking survey of the subject property within a further period of six weeks therefrom. In the meantime, the Petitioner is at liberty to move the Civil Court to work out his remedy, in the manner known to law.

5.With these clarifications, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

20.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Tahsildar, Musiri Taluk Office, Musiri,Trichy District.

2.The Firka Surveyor Thumbalam Firka, Musiri Taluk, Trichy District.

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S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.22708 of 2025 and 5/6

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