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Madras High CourtWP(MD)/29759/2025disposed of

Meena v. The Tahsildar,

2025-10-24Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.29759 of 2025 Meena

...Petitioner

Vs

1. The Tahsildar, Taluk Office, West Taluk, Virattipathu, Madurai-625 016.

2. The Head Surveyor, Taluk Office, West Taluk, Virattipathu, Madurai-625 016.

3. The Taluk Surveyor, Taluk Office, West Taluk, Virattipathu, Madurai-625 016.

4. Thangam

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus direction, directing the 3rd respondent to survey and fix four boundaries of the Petitioner's land in Survey No.1/3 situated at Yerkudi Village, Madurai West, Virattipathu, Madurai District, in light of the Petitioner's application in Challan Number 2025/0123/24/017657 and dated 10.07.2025 and consider the representation dated 14.08.2025 and provide adequate Police Protection for survey within the time-frame stipulated by this Court.

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For Petitioner : M/s.R.Sangeetha For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R3

ORDER

By relying on sale deed dated 10.05.2023 and patta No.355 in the name of the petitioner's vendor, Dhanalakshmi, the petitioner had applied online for the conduct of a survey in relation to land in S.No.1/3. The present writ petition relates thereto.

2. On instructions, learned counsel for the petitioner confirms that there is no rival title claim. She, however, states that the 4th respondent has been raising objections although the said person has no title or right over the property.

3. Learned Additional Government Pleader accepts notice for the respondents 1 to 3. He submits that the 4th respondent had raised objections when efforts were made to survey the land earlier. He also submits that action would be taken on the petitioner's request for survey and that all necessary measures would be undertaken within two months. 2/5

4. The learned counsel for the petitioner has placed on record both title and revenue records. Therefore, a case is made out to consider the petitioner's application. The affidavit refers to objections raised by the 4th respondent. Therefore, it is necessary to issue notice to the 4th respondent and consider such objections before a decision is taken on the conduct of survey. For the avoidance of doubt, it is clarified that if a credible dispute were to be raised with regard to title, the survey should not be undertaken, whereas boundary disputes may be decided by the official respondents.

5. Subject to the above observations, this writ petition is disposed of by directing the respondents 1 to 3 to initiate action on the petitioner's request for survey and complete the process within three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and the 4th respondent and by considering objections, if any, of the 4th respondent. No costs.

24.10.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The Tahsildar, Taluk Office, West Taluk, Virattipathu, Madurai-625 016.

2. The Head Surveyor, Taluk Office, West Taluk, Virattipathu, Madurai-625 016.

3. The Taluk Surveyor, Taluk Office, West Taluk, Virattipathu, Madurai-625 016.

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SENTHILKUMAR RAMAMOORTHY , J.

RJR W.P.(MD)No.29759 of 2025 24.10.2025 5/5