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N. Arulkumar v. The Tahsildar

Constitution of India, Article 226 – Writ of Mandamus – Land survey

Madras HC22 Apr 2025WP(MD)/11382/2025

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What is this about?

Writ of mandamus under Article 226 for protection of possession during land survey; survey limited to measurement and demarcation of four boundaries; Tahsildar permitted to seek police protection for peaceful survey; S.No.88, 3.65 acres, Top Senkattupatti, Thenparanadu Village, Thuraiyur Taluk, Trichy District; Madras High Court, Madurai Bench; P.B.Balaji, J.; disposed on 22.04.2025; no costs.

What did the court decide?

Writ Petition disposed of with the above directions (survey to proceed without disturbing the petitioner's possession, confined to measurement and boundary demarcation, with liberty to the Tahsildar to seek police protection); no costs. ¶29

N. Arulkumar Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.11382 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.04.2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.B.BALAJI

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W.P.(MD)No.11382 of 2025

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N.Arulkumar ... Petitioner

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Vs.

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The Tahsildar, Taluk Office, Thuraiyur Taluk, Trichy District.

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The Firka Surveyor Department of Land Survey, Thuraiyur Taluk, Trichy District.

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Sivakamu Ammal

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Visalatchi

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to measure the land without disturbing petitioner's Possession and dispossess the petitioner in the guise of measuring the land situated in S.No.88 measuring 3.65 Acres out of 7.44 Acres in Top Senkattupatti, Thenparanadu Village, Thuraiyur Taluk, Trichy District in Pursuant to the order in W.P.No.461 of 2025.

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

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W.P.(MD)No.11382 of 2025

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For Petitioner : Mr.N.Mohan For R1 & R2 : Mrs.K.Malathi, Additional Government Pleader

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O R D E R

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The petitioner, aggrieved by the order passed by me in W.P(MD)No.6430

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of 2025, dated 11.03.2025 has filed the present writ petition, directing the respondents 1 and 2 to measure the land, without disturbing the petitioner's possession of the property.

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2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondents.

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3. The case of the petitioner is that the petitioner already purchased the subject property which was sought to be surveyed by the writ petitioner in W.P(MD)No.6430 of 2025. It is also the grievance of the petitioner that the writ petitioner therein did not even implead the present writ petitioner as a party, despite being aware of the fact that the present petitioner is the owner of the property and also in physical possession. It is also brought to my notice by the

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

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W.P.(MD)No.11382 of 2025

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learned Additional Government Pleader that survey is yet to be conducted.

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4. In the light of the above, it is made clear that survey may go on as indicated by this Court in W.P(MD)No.6430 of 2025. However, under the guise of survey, the possession of the petitioner if found, the same shall not be disturbed and the survey shall be limited to exercise of identifying the four boundaries. It is made clear that the survey to be conducted pursuant to the order, dated 11.03.2025 shall be limited only to measurement of the property and demarcation of the boundaries in respect all the four survey numbers. The Tahsildar shall be entitled to seek necessary police protection for conducting peaceful survey.

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5. With the above directions, this Writ Petition stands disposed of. No

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costs.

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22.04.2025

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NCC:yes/no Index:yes/no Internet:yes/no gbg

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