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Kannan v. The Tahsildar

Constitutional Law – Writ of Mandamus – Land survey

Madras HC24 Jul 2025WP(MD)/20189/2025

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Case brief

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What is this about?

W.P(MD)No.20189 of 2025; Madras High Court Madurai Bench; Justice S. Sounthar; writ of mandamus; land survey direction; Town Survey No. 342/1 Block 79 Mathichiyam Middle Street Madurai; Tahsildar Madurai North Taluk; Head Surveyor; application No. 2025/0178/24/000351 dated 30.06.2025; time-bound consideration eight weeks; notice to fourth respondent, neighbouring land owners and interested parties; disposal at admission stage by consent; no merits opinion; no costs; sale deed dated 30.04.2025; Town Survey Land Register; Article 226 Constitution of India.

What did the court decide?

Writ petition stands disposed of with the above direction; no costs awarded. ¶36

Kannan Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition stands disposed of with the above direction; no costs awarded.

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Issue for consideration

Whether a Writ of Mandamus should issue directing respondents No. 1 and 2 (the Tahsildar and the Head Surveyor, Madurai North Taluk) to survey the land in Town Survey No. 342/1, Block 79, Mathichiyam Middle Street, Madurai, with police protection, by considering the petitioner's application No. 2025/0178/24/000351 dated 30.06.2025 within a time frame fixed by the Court.

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Court's answer

Without expressing any opinion on the merits of the matter, respondents 2 and 3 were directed to consider the petitioner's application dated 30.06.2025 and pass final orders on its own merits within a period of eight weeks from receipt of a copy of the order, after issuing notice to the petitioner, the fourth respondent, neighbouring land owners and other interested parties.

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Ratio / Principle

Since no adverse order was being passed against the fourth respondent, notice to him was dispensed with; the writ petition was taken up for final disposal at the admission stage itself by consent of both parties.

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Detailed headnote1 paragraphs

Constitutional Law - Writ of Mandamus - Land survey - Madras High Court (Madurai Bench) disposed of a writ petition under Article 226 of the Constitution of India in which the petitioner, purchaser of the property under a sale deed dated 30.04.2025, sought a direction to respondents 1 and 2 (the Tahsildar and Head Surveyor, Madurai North Taluk) to survey the land in Town Survey No. 342/1, Block 79, Mathichiyam Middle Street, Madurai, with police protection, by considering his application No. 2025/0178/24/000351 dated 30.06.2025. Without expressing any opinion on the merits, the Court directed respondents 2 and 3 to consider the application dated 30.06.2025 and pass final orders on its own merits within eight weeks from receipt of a copy of the order, after issuing notice to the petitioner, the fourth respondent, neighbouring land owners and other interested parties. As no adverse order was passed against the fourth respondent, notice to him was dispensed with and the petition was disposed of at the admission stage by consent. No costs.

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W.P(MD)No.20189 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.07.2025

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CORAM :

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THE HON'BLE MR.JUSTICE S. SOUNTHAR

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W.P(MD)No.20189 of 2025

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Kannan ... Petitioner

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The Tahsildar, Office of the Tahsildar, Madurai North Taluk, Madurai.

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The Head Surveyor, Office of the Tahsildar, Madurai North Taluk, Madurai.

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The Inspector of Police,, Mathichiyam Police Station, Madurai City.

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Kishore ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents No. 1 and 2 to survey the land in connection with Town Survey No. 342/1, Block 79, situated at Mathichiyam Middle Street,

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

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W.P(MD)No.20189 of 2025

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Madurai with police protection at the time of survey the land by considering the petitioners application No. 2025/0178/24/000351 dated 30.06.2025 within time framed as fixed by this court.

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For Petitioner : Mr.D.S.Haroon Rasheed,

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For Respondent : Mr.A.Baskaran (R1-R2) Additional Government Pleader : Mr.M.Vaikkam Karunanithi (R3) Government Advocate (Crl.Side)

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O R D E R

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The petitioner herein seeks a direction to the respondents 1 and 2

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to survey the property situate in Town Survey No. 342/1, at Middle

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Street, Madurai, by considering his application No. 2025/0178/24/000351 dated 30.06.2025.

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2.Mr.A.Baskaran, learned Additional Government Pleader takes

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notice for the respondents 1 and 2. Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side) takes notice for the third respondent. By consent of both parties, the writ petition is taken up for final disposal

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

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W.P(MD)No.20189 of 2025

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at the admission stage itself. Since no adverse is passed against the fourth respondent, notice to him is dispensed with.

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3.According to the petitioner, he purchased the subject property under sale deed dated 30.04.2025. The Town Survey Land Register is also issued in favour of the petitioner. He submitted an application on 30.06.2025 seeking survey of the subject property. The same has not been considered. Hence the petitioner has come before this Court.

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The learned Additional Government Pleader who takes notice for the respondents 1 and 2 would submit that the application submitted by the petitioner will be considered in accordance of the law.

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5.In view of the same, without expressing any opinion on the merits of the matter, the respondents 2 and 3 are directed to consider the application submitted by the petitioner dated 30.06.2025 and pass final orders on its own merits, within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to petitioner, fourth respondent, neighboring land owners and other interested parties.

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

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W.P(MD)No.20189 of 2025

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6.With the above direction, this writ petition stands disposed of.

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No costs.

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24.07.2025