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Madras High CourtWP(MD)/36441/2025disposed of

Shanmugamurthi K v. The Thasildar

2026-01-02Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.36441 of 2025 and WMP(MD) Nos.29008 and 29009 of 2025 Shanmugamurthi K ... Petitioner Vs

1. The Thasildar, Kodaikanal Taluk, Dindigul District..

2. The Taluk Surveyor, Kodaikanal Taluk, Dindigul District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Na.Ka. No. 949/2025/S dated 12.11.2025 quash the same and consequently direct the respondents herein to conduct survey of property measuring an extent of 0.81.00 Hecs., in Survey No.660/11A, situated in Kookkal Village, Kodaikanal Taluk, Dindigul District, fix four boundaries, purchased by petitioner under a registered sale deed dated 21.10.2024 vide Doc. No. 2214/2024 from the legal heirs of assignee under assignment proceedings dated 12.11.1988 by verifying the title deeds of objectors if any. 1/5

For Petitioner :Mr.K.Appadurai For Respondents :Mr.D.Sadiq Raja Addl. Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order of the respondents dated 12.11.2025 in Na.Ka. No.949/2025/S and for a consequential direction to the respondents herein to conduct survey of property measuring an extent of 0.81.00 Hecs., in Survey No.660/11A, situated in Kookkal Village, Kodaikanal Taluk, Dindigul District, fix four boundaries, purchased by petitioner under a registered sale deed dated 21.10.2024 vide Doc. No.2214/2024 from the legal heirs of assignee under assignment proceedings dated 12.11.1988 by verifying the title deeds of objectors if any.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

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3. The petitioner has purchased the property in Survey No. 660/11A, situated in Kookkal Village, Kodaikanal Taluk, Dindigul District, under valid consideration and had submitted an application along with necessary fees to the respondents to measure the said land and to fix boundaries. However, the said application was rejected through the impugned order. Challenging the same, the petitioner is before this Court.

4. The learned Additional Government Pleader would submit that though it was found during the survey that the land was purchased by the petitioner, however, since some others were in possession, apprehending that there should be law and order problem, the survey was not undertaken. However, the learned counsel would submit that if the matter is remanded back to the Tahsildar, survey would be conducted within a reasonable time, after putting the interested parties on notice.

5. Recording the said submission, the impugned order is hereby set aside and the writ petition stands allowed and the case is remanded back to the 1st respondent for the purpose of survey. Needless to say, all the pre-requisites required under law shall be followed prior to conducting 3/5

survey. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

(K.SURENDER, J) 02.01.2026 NCC :Yes/No Index :Yes/No RR To

1. The Thasildar, Kodaikanal Taluk, Dindigul District..

2. The Taluk Surveyor, Kodaikanal Taluk, Dindigul District..

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K.SURENDER, J.

RR W.P.(MD)No.36441 of 2025 02.01.2026 5/5