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Alagarsamy v. The Head Surveyor

Writ of Mandamus – Survey of land

Madras HC18 Sept 2025WP(MD)/25562/2025

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Case brief

AI extract

What is this about?

Survey application; Writ of Mandamus; Article 226 Constitution of India; Tahsildar; Head Surveyor; Firka Surveyor; Survey No.81/3A3; 14 cents; Neer Mangulam 1; Madurai East Taluk; registered sale deed dated 15.11.2007; Patta No.2085; notice to adjacent land owners; neighbour objection; twelve weeks; no costs; Madras High Court Madurai Bench; Senthilkumar Ramamoorthy J.; W.P.(MD)No.25562 of 2025; disposed.

What did the court decide?

Direction to the jurisdictional Tahsildar to act upon the petitioner's application for survey and take necessary action thereon within twelve weeks from the date of receipt of a copy of the order, after putting the petitioner and the owners of all relevant adjacent lands on notice; no costs. ¶28

Alagarsamy Vs The Head Surveyor — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to have his application dated 27.01.2025 for survey of land in Survey No.81/3A3 considered and acted upon, given his registered sale deed dated 15.11.2007 and Patta No.2085 standing in his name. +1 more

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Court's answer

As the sale deed dated 15.11.2007 and Patta No.2085 stand in the petitioner's name, he is entitled to a consideration of his survey application.

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Ratio / Principle

Because one of the neighbours appears to have objected to the conduct of the survey, before taking a decision on the petitioner's application it is necessary to put all relevant adjacent land owners on notice.

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Key takeaways

The writ petition is disposed of by directing the jurisdictional Tahsildar to act upon the petitioner's application for survey and take necessary action thereon within twelve weeks from receipt of a copy of the order, after putting the petitioner and the owners of all relevant adjacent lands on notice; no costs.ratio¶28

Detailed headnote1 paragraphs

Writ of Mandamus - Survey of land - Petitioner relied on registered sale deed dated 15.11.2007 and Patta No.2085 for land in Survey No.81/3A3 (14 cents, Neer Mangulam 1, Madurai East Taluk, Madurai District); his application dated 27.01.2025 for survey was not acted upon. Held: the petitioner, in whose name the sale deed and patta stand, is entitled to a consideration of the application; since one of the neighbours appeared to have objected to the conduct of the survey, all relevant adjacent land owners were to be put on notice before a decision was taken. Writ petition disposed of by directing the jurisdictional Tahsildar to act upon the application and take necessary action thereon within twelve weeks from receipt of a copy of the order, after notice to the petitioner and owners of all relevant adjacent lands. No costs. (Madurai Bench of Madras High Court; Senthilkumar Ramamoorthy, J.)

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W.P.(MD)No.25562 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :18.09.2025

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.(MD)No.25562 of 2025

Alagarsamy

... Petitioner

Vs.

The Head Surveyor, Adupanoor, Keelakalanthiri, Madurai District.

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The Firka Surveyor, Adupanoor Keelakalanthiri, Madurai District.

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The Sub Inspector of Police, Appanthirupathi Police Station, Madurai District.

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... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to conduct Survey the land bearing Survey No.81/3A3 with an extent 14 cents of Neer Mangulam 1, Madurai East Taluk, Madurai District in the light of petitioner's registered sale deed dated 15.11.2007 and patta no 2085.

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

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W.P.(MD)No.25562 of 2025

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For Petitioner :Mr.K.Ilayaraja For Respondent :Mr.K.Balasubramani Special Government Pleader for R1 and R2 Mr.S.Prakash Government Advocate (Crl.) for R3

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O R D E R

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By relying on sale deed dated 15.11.2007 and Patta No.2085 in respect of land in Survey No.81/3A3, the petitioner submitted application dated 27.01.2025 requesting for a survey of the land. Because the said application was not acted upon, the present writ petition has been filed.

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Mr.K.Balasubramani, learned Special Government Pleader,

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accepts notice on behalf of respondents 1 and 2 and Mr.S.Prakash, learned Government Pleader, accepts notice on behalf of the third respondent. Learned Special Government Pleader submits that the petitioner's request for survey would be considered and acted upon within twelve weeks from the date of receipt of a copy of this order.

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The petitioner has placed on record sale deed ated 15.11.2007 and Patta No.2085 which stands in the name of the petitioner. Therefore,

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

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W.P.(MD)No.25562 of 2025

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the petitioner is entitled to a consideration of the application. It, however, appears from the affidavit that one of the neighbours seems to have objected to the conduct of the survey. Before taking a decision on the petitioner's application, it is therefore necessary to put all relevant adjacent land owners on notice.

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Accordingly, this writ petition is disposed of by directing the jurisdictional Tahsildar to act upon the petitioner's application for survey and take necessary action thereon, within twelve weeks from the date of receipt of a copy of this order, after putting the petitioner and the owners of all relevant adjacent lands on notice. No costs.

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18.09.2025 NCC :No Internet :Yes Index :No PKN

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

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W.P.(MD)No.25562 of 2025

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