Kaluvan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Kaluvan ... Petitioner(s) Vs.

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

2. The Head Surveyor, Usilampatti Taluk Office, Usilampatti, Madurai District.

... Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondents to survey and demarcate the property in Old S.No.173/1, situated at Kovilangulam Village, Usilampatti Taluk, Madurai District, including the central portion of 4 cents being used as a common pathway, in accordance with the provisions contemplated under Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923. For Petitioner :Mr. S.Srikanth For Respondents :Mr.D.Sadiq Raja Addl. Government Pleader for R1 and R2 1/5

O R D E R

This writ petition has been filed seeking the issuance of a writ of mandamus, directing the respondents to survey and demarcate the property in Old S.No.173/1, situated at Kovilangulam Village, Usilampatti Taluk, Madurai District, including the central portion of 4 cents being used as a common pathway, in accordance with the provisions contemplated under Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923.

2. Heard the learned counsel for the parties and perused the materials available on record.

3. The learned counsel appearing for the petitioner would submit that a representation dated 04.10.2025 has been made for survey and demarcation of the boundaries of the subject property.

4. The learned Additional Government Pleader appearing for the respondents submits that a civil suit in O.S.No.161 of 2025 is pending before the District Munsif cum Judicial Court, Usilampatti. Therefore, after considering the claims of all parties, proper steps would be taken to 2/5

survey and demarcate the land in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923.

5. In view of the above, this Court directs the first respondent to consider and dispose of the petitioner's application dated 04.10.2025 for survey and demarcation on merits and in accordance with law. While doing so, the first respondent shall take note of the civil suit stated to be pending between the parties in respect of the subject property. Notice shall be issued to the petitioner, the owners of relevant adjacent lands and the parties interested in the subject property and appropriate orders shall be passed in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act 1923, within a period of twelve weeks from the date of receipt of a copy of this order. In the event of any rival claims, the same can be agitated before the competent civil court. No costs. (K.SURENDER, J) 12.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN 3/5

To

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

2. The Head Surveyor,, Usilampatti Taluk Office, Usilampatti, Madurai District.

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K.SURENDER, J.

PKN 12.12.2025 5/5