M.Samydevan Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

M.Samydevan Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the first and second respondents (Tahsildar and Surveyor, Taluk Office, Sivagangai Taluk) to act on the petitioner's application dated 10.06.2025 and take necessary action thereon within eight weeks from receipt of a copy of the order, after notice to the petitioner, his brother and the owners of the neighbouring lands. No costs awarded. The police-protection request vis-a-vis the third respondent was not separately adjudicated.

Issue for consideration

Whether the petitioner is entitled to a writ of mandamus directing the respondents to survey and demarcate his property comprised in Survey No.154/1 (6 Acres 57 Cents), Kilathiri Village, Sivagangai Taluk, on his application dated 10.06.2025. +1 more

Court's answer

In view of the sale deed dated 13.12.2024 reflecting the petitioner as purchaser and joint patta No.3164 standing in the names of the petitioner and M.Gunasekaran (said to be his brother), the evidence placed on record by the petitioner justified consideration of his application for survey.

Ratio / Principle

The writ petition was disposed of by directing the first and second respondents to act on the application dated 10.06.2025 and take necessary action pursuant thereto within eight weeks from receipt of a copy of the order, after putting the petitioner, his brother and the owners of the neighbouring lands on notice; no costs.

Detailed headnote1 paragraphs

Mandamus - Survey and demarcation of patta land - Petitioner claimed title under sale deed dated 13.12.2024 and joint patta No.3164 (standing in the names of the petitioner and his brother M.Gunasekaran) to 6 Acres 57 Cents in Survey No.154/1, Kilathiri Village, Sivagangai Taluk, and sought survey, demarcation and police protection on his application dated 10.06.2025 - Held, disposing of the writ petition: the evidence placed on record justified consideration of the application for survey; first and second respondents (Tahsildar and Surveyor) directed to act on the application dated 10.06.2025 and take necessary action within eight weeks from receipt of a copy of the order, after putting the petitioner, his brother and the owners of the neighbouring lands on notice - No costs. (Senthilkumar Ramamoorthy, J.)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 09.09.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P.(MD)No.24128 of 2025

M.Samydevan ...Petitioner

Vs

1.The Tahsildar, Taluk Office, Sivagangai Taluk, Sivagangai District.

2.The Surveyor, Taluk Office, Sivagangai Taluk, Sivagangai District.

3.The Inspector of Police, Poovanthi Police Station, Sivagangai District. ...Respondents

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the Respondents to survey and demarcate the petitioner's property comprised in Survey No.154/1 to an extent of 6 Acres 57 Cents situated at Kilathiri Village, Sivagangai Taluk, Sivagangai District and subsequently provide adequate police protection by the 3^rd Respondent, by considering the petitioner's petition dated 10.06.2025, within the stipulated time fixed by this Court .

For Petitioner : Mr.K.Malaimaran

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For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 & R2 Mr.S.Prakash Government Advocate (Crl.side) for R3

ORDER

By this Writ Petition, the petitioner seeks a direction for survey of the property described in the petition.

2.Learned Counsel for the petitioner relies on sale deed dated 13.12.2024 and joint patta No.3164 as evidence of title to the relevant property.

3.Learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2 and learned Government Advocate(crl.side) accepts notice on behalf of the third respondent.

4.The sale deed dated 13.12.2024 reflects the name of the petitioner as the purchaser. Joint patta No.3164 is in the name of the petitioner and M.Gunasekaran, who is said to be the petitioner's brother. The evidence placed on record by the petitioner justified consideration of the application for survey.

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5.Accordingly, this Writ Petition is disposed of by directing the first and

second respondent to act on application dated 10.06.2025 and take necessary action pursuant to such request within a period of eight weeks from the date of receipt of a copy of this order after putting the petitioner, his brother and the owners of the neighbouring lands on notice. No costs.

09.09.2025

NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

To 1.The Tahsildar, Taluk Office, Sivagangai Taluk, Sivagangai District. 2.The Surveyor, Taluk Office, Sivagangai Taluk, Sivagangai District. 3.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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SENTHILKUMAR RAMAMOORTHY, J.

RJR

W.P.(MD)No.24128 of 2025

09.09.2025

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