Madras High CourtWP(MD)/32565/2025disposed of

Kanagaraj v. The Tahsildar

2025-11-14Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.32565 of 2025 Kanagaraj

...Petitioner

1. The Tahsildar, Srivilliputhur, Virudhunagar District.

2. The Head Surveyor, Srivilliputhur Taluk, Virudhunagar District.

3. Balagurusamy

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of MANDAMUS, directing the Respondents 1 and 2 to survey and demarcate the Petitioner's properties in S.No.991/5B and 991/6A measuring about 0.06.50 Hectare and 0.01.50 Hectare respectively situated at Achamthavilthan Village, Srivilliputhur, Virudhunagar District by considering the Petitioners application dated 15.09.2025. For Petitioner : M/s.P.Manianandh For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 and R2 1/4

ORDER

By relying on sale deed dated 06.11.2024 and patta No.5756, the petitioner had applied for survey of land in S.Nos.991/5B and 991/6A of the extent of 6.5 ares.

2. On instructions, learned counsel for the petitioner states that there is no title dispute. He, however, states that the third respondent has raised a boundary dispute.

3. The petitioner's sale deed pertains to 6.5 ares in S.No.991/5B and 1.5 ares in S.No.991/6A. In relation to both survey numbers, patta stands in the name of the petitioner. Therefore, a case is made out to consider the petitioner's request for survey. Since the third respondent has raised a boundary dispute, it is necessary to issue notice to the said respondent and consider objections raised by the said respondent.

4. Learned Special Government Pleader accepts notice for the first and second respondents.

2/4

5. Accordingly, this writ petition is disposed of by directing the first and second respondents to initiate action on the petitioner's request for survey after issuing notice to owners of relevant adjacent lands, including the 3rd respondent, and considering objections, if any, from them. For the avoidance of doubt, it is clarified that the survey shall not be conducted if there is a credible title dispute, whereas boundary disputes may be decided by the official respondents. The entire process shall be concluded within three months from the date of receipt of a copy of this order. No costs. 14.11.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

1. The Tahsildar, Srivilliputhur, Virudhunagar District.

2. The Head Surveyor, Srivilliputhur Taluk, Virudhunagar District.

3/4

SENTHILKUMAR RAMAMOORTHY , J.

RJR W.P.(MD)No.32565 of 2025 14.11.2025 4/4