M.Chandra v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.09.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.24003 of 2025 M.Chandra ... Petitioner Vs

1. The Tahsildar, Thirumayam Taluk, Pudukottai District.

2. The Taluk Head Surveyor, Thirumayam Taluk, Pudukottai District.

3. The Sub-Inspector of Police, Namanasamuthiram Police Station, Thirumayam Taluk, Pudukottai District.

4. A.Subramanian

5. A.Vadivel

6. A.Manokaran.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1/5

second respondent to conduct survey and earmark the petitioner's land in S.No.240/3 extent of 0.04.0 Ares, situated at Pilivalam Village, Thirumayam Taluk, Pudukottai District.

For Petitioner : Mr.S.Rajasekar M/s.Roy and Roy Associates For R1 & R2 : Mr.M.Muthu Manikkam Government Advocate For R3 : Mr.S.Prakash Government Advocate (Crl. Side)

O R D E R

The petitioner's grievance is that they have not been able to effectively use the property in Survey No.240/3 in spite of obtaining a permanent injunction in O.S.No.288 of 2023.

2. Learned counsel for the petitioner refers to the patta in the name of the petitioner's father and the subsequent patta in the name of the petitioner. He also refers to Judgment and Decree dated 06.02.2024. He submits that the application for survey was submitted on 23.08.2025 by remitting requisite fee.

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3. Learned Government Advocate accepts notice for the respondents 1 and 2 and learned Government Advocate (Crl. Side) accepts notice for the third respondent.

4. Since the private respondents are asserting rival claims and objecting to the survey, it is just and necessary that they be put on notice before action is taken on the petitioner's application. In view of this direction, notice to the private respondents is dispensed with in this Writ Petition.

5. Accordingly, without expressing any opinion on the merits, the first and second respondents are directed to consider the petitioner's application and take action thereon after providing a reasonable opportunity to the petitioner, private respondents and the owners of the neighbouring lands. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 3/5

6. With the above direction, this Writ Petition stands disposed of. No costs.

08.09.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No apd To

1. The Tahsildar, Thirumayam Taluk, Pudukottai District.

2. The Taluk Head Surveyor, Thirumayam Taluk, Pudukottai District.

3. The Sub-Inspector of Police, Namanasamuthiram Police Station, Thirumayam Taluk, Pudukottai District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN W.P(MD)No.24003 of 2025 08.09.2025 5/5