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Kazhuvathevar v. The Thasildar

Madras HC21 Jul 2025WA(MD)/1882/2025

Case brief

AI extract

What is this about?

Writ appeal; survey dispute; fixation of survey stones; comprehensive survey of adjoining lands; absence of notice to affected landowner; apprehension of encroachment; GPS survey at applicant's cost; Kunnampatti Village; Thirumangalam Taluk; Madurai District; Survey No.44/18; 0.49.00 Hectares; Clause XV Letters Patent; Madras High Court Madurai Bench; disposed of without costs.

What did the court decide?

Writ appeal disposed of by directing a comprehensive survey of both the appellant's land and the writ petitioner's land on 19.08.2025 from 10.00 am onwards, with neither party receiving further notice and both necessarily remaining present with relevant records; any GPS survey at the writ petitioner's cost; no costs awarded; connected miscellaneous petition (C.M.P.(MD)No.10728 of 2025) closed. ¶40

Kazhuvathevar Vs The Thasildar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Grievance (a) of the appellant: he was not put on notice before the writ petition filed by the sixth respondent was disposed of. +1 more

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Court's answer

The comprehensive survey shall be conducted on 19.08.2025 from 10.00 am onwards; neither the writ petitioner nor the appellant will receive any further notice, and both must necessarily be present along with relevant records.

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Ratio / Principle

The grievances of the appellant can be fully met if a comprehensive survey is conducted covering both the appellant's land and the writ petitioner's land.

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Key takeaways

If the writ petitioner wants to conduct a GPS survey, it is for the writ petitioner to bear the cost of the same.ratio¶39

Detailed headnote1 paragraphs

Writ Appeal (Clause XV, Letters Patent) before the Madurai Bench of the Madras High Court by Kazhuvathevar against the order dated 13.12.2024 in W.P.(MD)No.30020 of 2024, wherein the learned Single Judge, answering the sixth respondent Muthumani's request for survey of his land, directed the Small Circle Surveyor to fix survey stones in Survey No.44/18 admeasuring 0.49.00 Hectares in Kunnampatti Village, Thirumangalam Taluk, Madurai District, as per the survey conducted on 14.11.2024. The appellant complained of non-issue of notice before disposal and apprehended encroachment on his land through the survey. The Division Bench (G.R.Swaminathan and K.Rajasekar, JJ.) held both grievances could be fully met by a comprehensive survey of both parties' lands, fixed for 19.08.2025 from 10.00 am, with both parties bound to attend with records and no further notice, any GPS survey being at the writ petitioner's cost. Appeal disposed of; no costs; connected miscellaneous petition closed.

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W.A.(MD)No.1882 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.07.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.A.(MD)No.1882 of 2025 and

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C.M.P.(MD)No.10728 of 2025

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Kazhuvathevar ... Appellant

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Vs.

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1.The Thasildar, Thirumangalam Taluk, Thirumangalam,

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Madurai - 625706.

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2.The Taluk Head Surveyor, Thirumangalam Taluk, Thirumangalam, Madurai - 625706.

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3.The Small Circle Surveyor, A-Kokkulam, Thirumangalam, Madurai - 625706.

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4.The Village Administrative Officer, Kunnampatti Village, Thirumangalam, Madurai - 625706.

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1/6

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.1882 of 2025

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5.The Inspector of Police, Austinpatti Police Station, Madurai District.

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6.Muthumani

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... Respondents

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Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.30020 of 2024 dated 13.12.2024 on the file of this Court.

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For Appellant : Mr.A.Srinivasan

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For Respondents : Mr.N.Ramesh Arumugam, Government Advocate for R1 to R4. Mr.T.Senthilkumar, Addl. Public Prosecutor for R5. Mr.A.Jeyaram for R6.

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JUDGMENT (By G.R.SWAMINATHAN, J.)

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Heard both sides.

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2.The appellant feels aggrieved by the order dated 13.12.2024 made in W.P.(MD)No.30020 of 2024 filed by the sixth respondent herein.

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2/6

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.1882 of 2025

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3.All that the sixth respondent wanted was to conduct survey of his

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land. The learned Single Judge vide order dated 13.12.2024 disposed of

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the writ petition in the following terms:-

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“8.On considering the fact that survey was conducted and only survey stones were not fixed due to the objection raised by the sixth respondent, I am inclined to issue a direction. Accordingly, the third respondent is directed to fix the stones in Survey No.44/18 admeasuring 0.49.00 Hectares in Kunnampatti Village, Thirumangalam Taluk, Madurai District, as per the survey conducted on 14.11.2024 with the aid of the fifth respondent within a period of four weeks from the date of receipt of a copy of this order.”

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4.The grievance of the appellant is two fold: (a) He was not put on notice before the writ petition was disposed of; (b) In the guise of surveying the writ petitioner's land, the appellant's land is sought to encroached upon.

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5.We are of the view that the grievances of the appellant can be fully met, if a comprehensive survey is conducted in respect of the

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3/6

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.1882 of 2025

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appellant's land as well as the writ petitioner's land. Survey shall be conducted on 19.08.2025 from 10.00 am onwards. Neither the writ petitioner nor the appellant will receive any further notice. They have to be necessarily present along with relevant records. If the writ petitioner wants to conduct GPS survey, it is for the writ petitioner to bear the cost of the same.

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6.This writ appeal is disposed of accordingly. No costs.

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Consequently, connected miscellaneous petition is closed.

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(G.R.S. J.,) & (K.R.S. J.,) 21.07.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:

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