Ambujam v. the Tahsildar
Case brief
What is this about?
Boundary survey/demarcation mandamus declined where a parallel civil suit is pending; proper remedy is an Advocate Commissioner application in the pending suit. Parties: Ambujam W/o.Kannan v. The Tahsildar and The Surveyor, Tahsildar Office, Virudhachalam Taluk, Cuddalore District. Property: Survey No.192/10, Mukunthanallur, Virudhachalam Taluk. Related suit: O.S.No.361 of 2024, Sub Court, Virudhachalam (boundary dispute; petitioner is defendant). Statute: Article 226 of the Constitution of India. Bench: N. Anand Venkatesh, J. Decision date: 24.02.2025. Outcome: writ petition disposed of, no costs. Keywords: survey, demarcation, boundaries, writ of mandamus, Advocate Commissioner, surveyor, parallel proceedings, Tahsildar, Writ Petition No.5737 of 2025.
What did the court decide?
Clarity and liberty to the petitioner to file an application for appointment of an Advocate Commissioner (with surveyor assistance) in the pending suit O.S.No.361 of 2024 before the Sub Court, Virudhachalam, such application to be dealt with by the trial Court on its own merits and in accordance with law; no other directions issued; writ petition disposed of with no costs.