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Madras High CourtWP(MD)/31635/2025disposed of

R.Ilayabharathi v. The Tahsildar

2025-11-06Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.31635 of 2025 R.Ilayabharathi

...Petitioner

Vs

1. The Tahsildar, Manapparai Taluk, Trichy District.

2. The Revenue Inspector (Land Survey), Manapparai Taluk, Trichy District.

3. The Taluk Surveyor, Manapparai Taluk, Trichy District.

4. The Inspector of Police, Vaiyampatti Police Station, Manapparai Taluk, Trichy District

5. P. Veeramalai

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of MANDAMUS directing the respondents Nos.1 to 3 to survey and demarcate the boundaries of petitioner's property S.No.207/6 and 10 situated at Thavalaiveeranpatti, Manaparai Taluk, Trichy District, by considering the petitioner's application dated 14.07.2025 within the period that may be stipulated by this court.

1/5

For Petitioner : M/s.A.Shapna for M/s.Ajmal Associates For Respondents : Mr.K.R.Badurus Zaman Government Advocate for R1 to R2 Mr.S.Prakash Government Advocate(crl.side) for R4

ORDER

By relying on sale deed dated 06.05.1994 in favour of the petitioner's mother and the subsequent settlement deed dated 25.09.2025 in favour of the petitioner as also patta No.371, the petitioner had applied for the conduct of a survey.

2. Learned counsel for the petitioner submits that, in spite of issuing survey notice dated 13.09.2025, on account of objections raised by the 5th respondent, who has no right or title in respect of the property, such survey was not conducted.

3. Learned Government Advocate accepts notice for the respondents 1 to 3 and learned Government Advocate(crl.side) accepts notice for the respondent

4. Learned Government Advocate submits that an inquiry would be conducted after issuing notice to the petitioner, the 5th respondent and any other relevant owner of adjacent lands and that a decision would be taken. 2/5

4. In view of the above submissions of learned Government Advocate that an inquiry would be conducted before a decision is taken, it is not necessary to issue notice to the 5th respondent in this writ petition. Instead, this writ petition is disposed of by directing the first respondent to conduct an inquiry in relation to the petitioner's request for survey. If it transpires in course of inquiry that a credible title dispute has been raised by the 5th respondent, the parties should be relegated to the jurisdictional civil court. A boundary dispute may be decided by the first respondent. The inquiry shall be concluded and all necessary measures taken within three months from the date of receipt of the copy of this order. No costs.

06.11.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The Tahsildar, Manapparai Taluk, Trichy District.

2. The Revenue Inspector (Land Survey), Manapparai Taluk, Trichy District.

3. The Taluk Surveyor, Manapparai Taluk, Trichy District.

4. The Inspector of Police, Vaiyampatti Police Station, Manapparai Taluk, Trichy District 4/5

SENTHILKUMAR RAMAMOORTHY , J.

RJR W.P.(MD)No.31635 of 2025 06.11.2025 5/5