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Madras High CourtWP(MD)/26021/2025allowed

Bagavathi v. The Thasildhar

2025-09-23Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD) No.20338 of 2025 Bagavathi ... Petitioner Vs

1. The Thasildhar, Nanguneri Taluk, Tirunelveli District.

2. The Head Surveyor, Nanguneri Taluk, Tirunelveli District.

3. State of Tamilnadu, Represented by the Inspector of Police, Nanguneri Police Station, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent vide proceedings in application No. 2025/0123/29/005038 dated 02.09.2025 and quash the same as illegal and direct the second respondent to survey petitioner's land being S. Nos. 125/3A2B, 125-3B and 125-3C an total extent of 50 cents situated at Nanguneri Village, Nanguneri Taluk, Tirunelveli District with aid of the third respondent police based on the petitioner's application dated 1/5

03.07.2025.

For Petitioner : Mr. M.Perumal For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 & R2 Mr.S.Prakash Government Advocate (Crl.Side) for R3

O R D E R

By relying on a sale deed dated 09.06.2008 bearing document No. 4837/2008 and patta No.1420, the petitioner had applied on 03.07.2025 for a survey of the lands described in the Writ Petition. Such request was rejected by the order impugned herein.

2. Learned counsel for the petitioner invited my attention to the impugned order and pointed out that such order is completely unreasoned.

3. Learned Additional Government Pleader accepts notice on behalf of respondents 1 and 2 and learned Government Advocate (Crl.Side) accepts notice on behalf of the third respondent. Learned 2/5

Additional Government Pleader submits that the matter may be remanded for reconsideration.

4. On examining the impugned order, as contended by learned counsel for the petitioner, such order is completely unreasoned. Therefore, the order cannot be sustained and is hereby set aside.

5. As a corollary, the matter is remanded for reconsideration by the first and second respondents. After providing a reasonable opportunity to the petitioner and to the owners of relevant adjacent lands, a reasoned decision shall be communicated within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. NCS : Yes/No 23.09.2025 Index : Yes / No Internet : Yes / No apd 3/5

To

1. The Thasildhar, Nanguneri Taluk, Tirunelveli District.

2. The Head Surveyor, Nanguneri Taluk, Tirunelveli District.

3. The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

4/5

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 23.09.2025 5/5