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Madras High CourtWP(MD)/26179/2025disposed of

Sittrarasu v. The Tahsildar

2025-12-05Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Sittrarasu ... Petitioner -vs1.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

2.The Head Surveyor, Kadayanallur Taluk, Tenkasi District.

3.The Revenue Inspector, Kadayanallur Taluk, Tenkasi District.

4.S.Ramar ... Respondents [R4 is impleaded as per order of this Court dated 05.12.2025, made in W.M.P.(MD)No.22477 of 2025] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to carry out survey measurement and demarcation of boundaries of the properties comprised in Survey Nos.234/2, 234/5 and 235/12, situated at Kambaneripudukudi - I Village,

Kadayanallur Taluk, Tenkasi District, by considering the petitioner's application dated 22.07.2025.

For Petitioner : Mr.T.Lenin Kumar For R1 to R3 : Mr.P.Subbaraj Special Government Pleader For R4 : Mr.R.J.Karthick

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to carry out survey measurement and demarcation of boundaries of the properties comprised in Survey Nos.234/2, 234/5 and 235/12, situated at Kambaneripudukudi I Village, Kadayanallur Taluk, Tenkasi District, by considering the petitioner's application dated 22.07.2025.

2. Heard the learned counsel appearing for the parties.

3. According to the petitioner, he is the owner/holder of the properties situated in Survey Nos.234/2, 234/5 and 235/12 in Kambaneripudukudi - I Village, Kadayanallur Taluk, Tenkasi District. For proper identification of the property and to avoid boundary disputes, the petitioner submitted an application

dated 22.07.2025 to the respondents 1 and 2 seeking survey, measurement, and demarcation of the said lands. Despite lapse of reasonable time, the respondents 1 and 2 have not taken any steps to consider or act upon the petitioner's application. Once the application is made, it is incumbent on the part of the authorities to dispose of the same. The inaction of the respondents 1 and 2 has caused hardship to the petitioner and affects the petitioner's peaceful enjoyment and protection of the property.

4. The learned Special Government Pleader for the respondents 1 to 3 submits that the petitioner's application will be considered on its merits and in accordance with law.

5. Recording the above submission, and without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the first respondent to consider the petitioner's application dated 22.07.2025, on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. The application shall be considered and disposed of after conducting an enquiry. The first respondent is

directed to provide reasonable opportunity during such enquiry to the petitioner, the fourth respondent and also to the other persons, who may be affected by such decision. In the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 05.12.2025 smn2 (2/2)

To:- 1.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

2.The Head Surveyor, Kadayanallur Taluk, Tenkasi District.

3.The Revenue Inspector, Kadayanallur Taluk, Tenkasi District.

K.SURENDER , J.

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