D.Balu v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY D.Balu ... Petitioner Vs

1. The Tahsildar, Madurai South Taluk, Madurai District.

2. The Firka Surveyor, Madurai South Taluk, Madurai 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 survey the land and to place the survey stones in Survey No.24/3A2 to an extent of 0.2.02 ares equivalent to 2180 sq.ft. situated at Pappanodai Village, (Transport Nagar), Madurai South Taluk, Madurai District based on the petitioner's representation dated 26.09.2025 within a stipulated time fixed by this Court. For Petitioner : Mr.S.Alagusundar For Respondents : Mr.K.Balasubramani Special Government Pleader 1/4

O R D E R

By relying on a sale deed dated 07.01.2011 (Doc.No.153 of 2011) and separate patta No.879, the petitioner had applied for a survey of 2.02 ares in survey No.24/3A2. The present Writ Petition relates thereto.

2. Learned counsel for the petitioner submits that a suit was filed by P.Poochiyapillai and P.Kumar against three persons, including the petitioner herein, and that suit was dismissed by judgment and decree dated 29.03.2023. He also submits that the application to condone delay in filing the appeal suit was dismissed by order dated 05.09.2025. Therefore, he submits that there is no credible rival claim as on date and that the petitioner is entitled to have his properties surveyed.

3. Learned Special Government Pleader accepts notice for both the respondents. He submits that action would be initiated on the petitioner's request considering the separate patta and the orders of the Civil Court.

4. In view of the above submissions, this Writ Petition is disposed 2/4

of by directing the respondents to initiate action on the petitioner's request for a survey after issuing notice to owners of relevant adjacent lands and considering objections, if any, from them. The respondents shall also verify and ascertain whether any appeal has been filed against the order dated 05.09.2025. The entire process shall be concluded within three (3) months from the date of receipt of a copy of this order. No costs. NCS : Yes/No 24.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The Tahsildar, Madurai South Taluk, Madurai District.

2. The Firka Surveyor, Madurai South Taluk, Madurai District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 24.11.2025 4/4