Madras High CourtWP(MD)/24297/2025disposed of

Selvi v. The Thasildar

2025-09-09Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.24297 of 2025 Selvi

...Petitioner

1. The Thasildar, Musiri Taluk, Trichy District.

2. The Surveyor, Musiri Taluk Office, Trichy District.

3. The Inspector of Police, Musiri Police Station, Trichy District.

4. Rajammal

5. Murugesan

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents Nos.1 to 2 to survey the petitioner's property and fix boundry stones in connection with properties in survey No. 250/2B2 measuring 0.53 Ares situated at Nadar Colony, Serugudi Village, Musiri Taluk, Trichy District under the supervision of the 3rd respondent for surveying the land by considering the representation of the petitioner dated 30.06.2024 and online application in application No. 2025/0123/15/007855 dated 10.07.2025 within the time frame as fixed by this Court.

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For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 & R2 Mr.S.Prakash Government Advocate(crl.side) for R3 * * * * *

ORDER

After submitting an application seeking survey of the property described in the writ petition, the present writ petition has been filed seeking expeditious consideration thereof.

2.Learned Counsel for the petitioner relies on registered Will dated 16.07.2010 and Patta No.1954 as evidence of the petitioner's title and rights over the relevant property. Learned Counsel for the petitioner further submits that no action has been taken in spite of the petitioner submitting an application on 10.07.2025 after paying requisite fees.

3.Learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2 and learned Government Advocate(crl.side) accepts notice on behalf of the respondent 3. He submits that the application for survey would be acted upon within eight weeks from the date of receipt of a copy of this order.

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4.The registered Will discloses that the petitioner is the legatee in respect of the property described in the petition. Patta has also been issued in the name of the petitioner under patta No.1954. Therefore, the petitioner is entitled to the consideration of the application. Since near relatives of the petitioner have raised objections in relation to the petitioner's entitlement under the Will, it is necessary to put them on notice and verify whether such Will has been challenged in any legal proceedings. In view of the direction to put the private respondents on notice before acting on the petitioner's application, notice to the such private respondents in this writ petition is dispensed with. 5.Accordingly, the first and the second respondent are directed to act on the petitioner's application dated 10.07.

2025 within twelve weeks from the date of receipt of a copy of this order after putting the petitioner, the fourth and fifth respondent on notice and providing them reasonable opportunity. The owners of relevant neighbouring lands shall also be put on notice. If necessary, the official respondents may take the assistance of the jurisdictional police. No costs. 09.09.

SENTHILKUMAR RAMAMOORTHY , J.

RJR To

1. The Thasildar, Musiri Taluk, Trichy District.

2. The Surveyor, Musiri Taluk Office, Trichy District.

3. The Inspector of Police, Musiri Police Station, Trichy District.

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