P.Kanagaraj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.24212 of 2025 P.Kanagaraj

...Petitioner

Vs 1.The Tahsildar, Ambasamudram Taluk Tirunelveli District.

2.The Firka Surveyor, Ambasamudram Taluk Tirunelveli District.

3. K.P.Murugan

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent herein to conduct survey, measurement, sub-divide and fix boundaries of the petitioner's half share of property out of 2.27.0 Hecs. (5.52 acres) comprised in Ayyan Punja Survey Nos.178/2A3, 178/2B3, 178/2A5, 178/2B4 and 178/2A4 situated in South Kallidaikurichi Village, Ambasamudram Taluk, Tirunelveli District, as per registered partition deed dated 12.05.2011 vide Doc. No.955/2011 on the file of Sub Registrar, Kallidaikurichi, as per the online application dated 29.08.2025 within a reasonable time as may be fixed by this Court. For Petitioner : Mr.K.Appadurai For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 & R2 * * * * * 1/4

ORDER

The petitioner seeks survey of the property described in the writ petition. 2.Learned Counsel for the petitioner relies on registered partition deed dated 12.05.2011 between the petitioner and his brother, K.P.Murugan, who is arrayed as the third respondent. He also relies on patta No.383 issued to the petitioner and the third respondent.

3.Learned Additional Government Pleader accepts notice on behalf of the first and second respondent. He submits that the application would be acted upon within 12 weeks from the date of receipt of a copy of this order. 4.Upon consideration of the partition deed dated 12.05.2011 and patta No.383, a case is made out for consideration of the petitioner's application for survey. It is, however, necessary that the joint pattadhars and owners of neighbouring lands be put on notice before undertaking such survey. 2/4

5.This Writ Petition is disposed of by directing the first and second respondent to act on application dated 01.08.2025 within 12 weeks from the date of receipt of a copy of this order after putting the petitioner, the third respondent and the owners of neighbouring lands on notice. Since the first and second respondent have been directed to put the third respondent on notice before acting on the petitioner's application, notice to the third respondent is dispensed with. No costs.

09.09.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Tahsildar, Ambasamudram Taluk Tirunelveli District.

2.The Firka Surveyor, Ambasamudram Taluk Tirunelveli District.

3/4

SENTHILKUMAR RAMAMOORTHY , J.

RJR W.P.(MD)No.24212 of 2025 09.09.2025 4/4