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Madras High CourtWP(MD)/32064/2025disposed of

Ramachandraboopathy G v. The Tahsildar

2025-11-11Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY G.Ramachandraboopathy ... Petitioner Vs

1. The Tahsildar, Office of the Tahsildar, Tenkasi, Tenkasi District.

2. The Head Surveyor, Office of the Head Surveyor, Tenkasi, Tenkasi District.

3. The Inspector of Police, Alwarkurichi Police Station, Alwarkurichi, Tenkasi District.

4. Mohammed Kani

5. Basith ... 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 first and second respondents to conduct survey and demarcate by fixing the four boundaries in respect of property comprised in Survey Nos.361/2C1 for an extent of 0.66.53 Hectares and 361/2B3 for an extent of 1.21.46 1/5

Hectares situated at Dharmapuram Madam Village, Kadayam Sub Registrar Office, Tenkasi District based on the petitioner's application No.2025/0123/34/007466, dated 19.08.2025 and provide adequate police protection at the time of survey within time as fixed by this Court. For Petitioner : Mr. D.S.Haroon Rasheed For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 & R2 Mr.S.Prakash Government Advocate (Crl.Side) for R3

O R D E R

The petitioner relied on sale deeds dated 15.11.2021 and 10.02.2025 and patta Nos.630 and 806 to apply for a survey of land in survey Nos.361/2C1 of the extent of 66.53 ares and survey No.361/2B3 of an extent of 1 hectare and 21.46 ares. The present Writ Petition relates thereto.

2. Learned counsel for the petitioner submits that there is no rival title claim, but the fourth and fifth respondents have been raising objections to the conduct of a survey.

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3. Learned Special Government Pleader accepts notice for respondents 1 and 2 and learned Government Advocate (Crl.Side) accepts notice for the third respondent. Learned Special Government Pleader submits that an inquiry would be conducted after issuing notice to the petitioner, the fourth and fifth respondents and owners of any other relevant adjacent lands. He also states that objections, if any, from the said persons would be taken into consideration.

4. Upon considering the above submissions, it is not necessary to issue notice to the private respondents 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 a survey after issuing notice and providing a reasonable opportunity to the petitioner, the fourth and fifth respondents and the owners of any other relevant adjacent lands. Objections, if any, of the said persons shall be taken into account. For the avoidance of doubt, it is clarified that the survey should not be conducted if there is a credible title dispute, whereas boundary disputes may be decided by the first and second respondents. At the end of the 3/5

inquiry, 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 11.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The Tahsildar, Office of the Tahsildar, Tenkasi, Tenkasi District.

2. The Head Surveyor, Office of the Head Surveyor, Tenkasi, Tenkasi District.

3. The Inspector of Police, Alwarkurichi Police Station, Alwarkurichi, Tenkasi District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 11.11.2025 5/5