Madras High CourtWP(MD)/31234/2025disposed of

R.Yogeshwari v. The Tahsildar

2025-11-04Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY R.Yogeshwari ... Petitioner Vs

1. The Tahsildar, Taluka Office, Andipatti Taluk, Theni District.

2. The Surveyor, Taluka Office, Andipatti Taluk, Theni District.

... 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 second respondent to carry out the measurement to point out the field and mark the boundary of the property of the petitioner in S.No.521/2A an extent of 0.02.34 hectre (5 cents) Situated at Ammachiyapuram, Kunnur village, Andipatti Taluk, Theni District.

For Petitioner : Mr. K.Anandan For Respondents : Mr.B.Saravanan Additional Government Pleader 1/4

O R D E R

By relying on a sale deed dated 09.12.2022 and patta No.3107 in the name of the grandfather of the petitioner's vendor, the petitioner had applied for a survey of 5 cents of land in survey No.521/2A.

2. Learned Additional Government Pleader accepts notice for both the respondents. On instructions, he submits that the pattadar, Jayaram had two wives and that the settlement deed in favour of the petitioner's vendor was executed by one of them. In these circumstances, he submits that an inquiry would be conducted before a decision is taken on the petitioner's request for a survey.

3. Accordingly, this Writ Petition is disposed of by directing the first respondent to conduct an inquiry in relation to the petitioner's application for a survey after issuing notice to the pattadar, Jayaram and the legal heirs of the pattadar. Notice should also be issued to owners of relevant adjacent lands. Objections, if any, from the above persons should be taken into account before a decision is taken. A speaking order 2/4

shall be issued within three (3) months from the date of receipt of a copy of this order. No costs.

NCS : Yes/No 04.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The Tahsildar, Taluka Office, Andipatti Taluk, Theni District.

2. The Surveyor, Taluka Office, Andipatti Taluk, Theni District.

3/4

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 04.11.2025 4/4