Manikandan, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.10.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Manikandan ... Petitioner Vs

1. The Tahsildar, Melur Taluk, Madurai District.

2. The Taluk Head Surveyor, Pottapatti Village, Melur Taluk, Madurai District.

3. The Inspector of Police, Kottampatti Police Station, Madurai District.

4. Selvam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to conduct survey and fix four boundaries of by laying survey stones of the petitioner`s land comprised in survey Nos. 21/6C, 21/6D, 21/6F, 217/2D1 to an extent of 23 acres in Patta No.2397 situated at Pottapatti village, Melur Taluk, Madurai District based on the petitioner's application dated 12.05.2025.

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For Petitioner : Mr. S. Manojkumar For Respondents : Mr.M.Muthumanikkam Government Advocate for R1 & R2 Mr.S.Prakash Government Advocate (Crl.Side) for R3

O R D E R

By relying on a sale deed dated 07.05.2025 and patta No.2397 in the name of the petitioner, the petitioner had applied online for the conduct of a survey. The present Writ Petition relates thereto.

2. Learned counsel for the petitioner submits that the fourth respondent herein has filed a civil suit in O.S.No.127 or 2025 seeking an injunction not to restrain the fourth respondent's use of a pathway running through survey No.217/2D1. He, however, adds that there is no rival title claim and that the claim is limited to the extent mentioned above.

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

accepts notice on behalf of the third respondent. Learned Government Advocate submits that an inquiry would be conducted and a decision taken on the petitioner's request for a survey.

4. In view of the above submissions of learned Government Advocate that an inquiry would be conducted in which the objections of the fourth respondent would be considered, it is not necessary to issue notice to the fourth respondent in this Writ Petition.

5. This Writ Petition is disposed of by directing the first and second respondents to conduct an inquiry on the basis of the petitioner's application for a survey after issuing notice to owners of all relevant adjacent lands, including the fourth respondent herein. After considering the objections of the fourth respondent and other adjacent landowners, a speaking order shall be issued within three (3) months from the date of receipt of a copy of this order. No costs.

NCS : Yes/No 13.10.2025 Index : Yes / No Internet : Yes / No apd 3/5

To

1. The Tahsildar, Melur Taluk, Madurai District.

2. The Taluk Head Surveyor, Pottapatti Village, Melur Taluk, Madurai District.

3. The Inspector of Police, Kottampatti Police Station, Madurai District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 13.10.2025 5/5