Appeal against a single Judge order directing a survey of property boundaries. The Division Bench disposed of the appeal clarifying that the survey only earmarks boundaries; since revenue records show a pathway (Nilaviyal Padhai), villagers' use of it shall not be obstructed and survey stones shall be placed without hindering public movement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A(MD) No.1580 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD) No.1580 of 2025 & C.M.P.(MD)No.8929 of 2025
Geetha
... Appellant / 5th Respondent
Vs
1.T.Vanmathi ... 1st Respondent / Petitioner
4.The Tahsildar, O/o.The Taluk Office, T.Vadipatti, Madurai District.
5.The Firka Surveyor, Neerathan Firka, Neerathan Village, T.Vadipatti, Madurai District. ... Respondents / Respondents 1 to 4
1/6
W.A(MD) No.1580 of 2025
PRAYER:
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to allow the appeal and set aside the order of this Court made in W.P.(MD)No.5294 of 2025, dated 26.03.2025.
For Appellant : Mr.S.Suresh Kumar Isaac Paul
For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R2, R4 & R5
ORDER
( Order of the Court was made by G.R.SWAMINATHAN, J.)
Heard the learned counsel for the appellant and the learned Additional Government Pleader for the official respondents.
obtained an order for conducting survey. The learned single Judge vide order dated 26.03.2025 disposed of the writ petition in the following
terms:-
“5. The learned counsel for the fifth respondent would submit that even in the petitioner's sale deed, the boundary reflects that the petitioner's property adjoins a pathway, which is being used by the
2/6
W.A(MD) No.1580 of 2025
villagers. He would further submit that the property comprised in survey number 21/1A2 being used by the local villagers and the petitioner is now attempting to take advantage of the patta issued in his favour and put up fencing to prevent the local villagers from using the pathway. He would therefore, submit that the petitioner should not disturb the usage of the existing pathway, which is situated inside the petitioner's property.
Challenging the same, this writ appeal has been filed.
3/6
W.A(MD) No.1580 of 2025
(G.R.S., J.) (K.R.S., J.) 20.06.2025
Index : Yes / No Internet : Yes / No NCC : Yes / No rmi
4/6
W.A(MD) No.1580 of 2025
To
5/6
W.A(MD) No.1580 of 2025
G.R.SWAMINATHAN, J. AND K.RAJASEKAR, J.
rmi
W.A(MD) No.1580 of 2025
20.06.2025
6/6
1 issue framed by the court
Whether the survey and demarcation of the petitioner's property could be conducted without obstructing villagers' use of the existing Nilaviyal/Bhoosthi pathway?
Geetha
T.Vanmathi
The District Collector, Madurai District
The Executive Officer, O/o.T.Vadipatti Panchayat
The Tahsildar, O/o.The Taluk Office, T.Vadipatti
The Firka Surveyor, Neerathan Firka
G.R.Swaminathan
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
