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Elaiyathambi v. The Tahsildar

Mandamus – Survey and boundary fixation

Madras HC25 Sept 2025WP(MD)/26695/2025

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Case brief

AI extract

What is this about?

Writ of mandamus for survey and boundary fixation; Tahsildar and Firka Surveyor, Singampunari, Sivagangai District; gift deed dated 11.08.2025; Patta No.2830; Survey No.174/13, Piranmalai Village; online application and representation dated 18.08.2025; notice to adjacent landowners and to boundary disputant Senthilkumar; action within 12 weeks; Article 226 Constitution of India; Madurai Bench of Madras High Court; decided 25.09.2025 by Justice Senthilkumar Ramamoorthy.

What did the court decide?

Writ petition disposed of with a direction to the respondents to initiate action on the petitioner's survey application within twelve (12) weeks from receipt of a copy of the order, after issuing notice to all relevant adjacent landowners (including Senthilkumar, who raised boundary issues); no costs. ¶21

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents (Tahsildar and Firka Surveyor, Singampunari) should be directed, by writ of mandamus, to conduct a survey and fix boundaries of the petitioner's house and house site property measuring 3 cents in Survey No.174/13 (Patta No.2830), Piranmalai Village, Singampunari Taluk, Sivagangai District, based on his registered gift deed and his application/representation.

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Court's answer

Before taking a decision on the petitioner's survey application, notice must be issued to Senthilkumar, who has raised issues with the petitioner regarding the boundaries of the property.

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Ratio / Principle

The writ petition is disposed of by directing the respondents to initiate action on the petitioner's application within twelve (12) weeks from the date of receipt of a copy of the order, after putting all relevant adjacent landowners on notice.

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Detailed headnote1 paragraphs

Mandamus - Survey and boundary fixation - Madras High Court (Madurai Bench), W.P(MD)No.26695 of 2025, decided 25.09.2025 (Senthilkumar Ramamoorthy, J.). Relying on a registered gift deed dated 11.08.2025 (D.No.2078 of 2025, Sub-Registrar, Singampunari) and Patta No.2830, the petitioner sought a direction to the Tahsildar and the Firka Surveyor, Singampunari, Sivagangai District, to survey and fix boundaries of his house and house site property of 3 cents in Survey No.174/13, Piranmalai Village, pursuant to his online application and representation dated 18.08.2025. The Court disposed of the petition, directing the respondents to initiate action on the application within twelve weeks of receipt of a copy of the order, after putting all relevant adjacent landowners on notice; it specifically held that notice must issue to one Senthilkumar, who had raised boundary disputes with the petitioner, before a decision is taken. No costs.

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W.P(MD)No. 26695 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.09.2025

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CORAM:

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THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P(MD)No. 26695 of 2025

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Elaiyathambi ... Petitioner

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The Tahsildar, Singampunari Taluk Office, Sivagangai District.

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The Firka Surveyor, Singampunari Firka, Singampunari, Sivagangai District. ... 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 to direct the respondents to conduct survey and fix boundaries of his house and house site property to an extent of 3 cents situated in Survey No.174/13 (Patta No.2830) of Piranmalai Village, Singampunari Taluk, Sivagangai District based on his registered gift deed in D. No.2078 of 2025 dated 11.08.2025 on the file of Sub-Registrar, Singampunari based on his online application and representation dated 18.08.2025 submitted to the first respondent in person within the time limit that may be stipulated by this Court.

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For Petitioner : Mr. M.Mohanasundaram

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For Respondents : Mr.B.Saravanan Additional Government Pleader

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

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W.P(MD)No. 26695 of 2025

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O R D E R

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By relying on a gift deed dated 11.08.2025 and the patta No.2830, the petitioner had applied online for a survey of his property. This Writ Petition is in relation thereto.

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Learned Additional Government Pleader accepts notice on behalf of both the respondents. He submits that the petitioner's application would be acted upon within twelve (12) weeks from the date of receipt of a copy of this order after issuing notice to the petitioner and the owners of relevant adjacent lands.

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From the affidavit in support of this Writ Petition, it is clear that one Senthilkumar has raised issues with the petitioner with regard to the boundaries of the property. Therefore, it is necessary to issue notice to him before taking a decision on the petitioner's application.

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