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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the respondents to initiate action on the petitioner's request for survey of land in S.No.195/13B2 for and on behalf of Babu, after verifying whether the 2007 power of attorney remains in force by notice to the principal Babu and adjacent landowners and considering their objections; entire process to conclude within three months of receipt of a copy of the order; no costs.

Issue for consideration

Whether the respondents should act on the petitioner's request for survey of land in S.No.195/13B2 where the sale deed and patta stand in the name of the petitioner's brother Babu, who had executed a power of attorney in the petitioner's favour in 2007.

Court's answer

Before taking a decision on the survey request, the respondent shall verify whether the power of attorney executed in 2007 is still in force by issuing notice to the principal Babu; notice shall also issue to owners of relevant adjacent lands, and any objections shall be taken into account before a decision is taken.

Ratio / Principle

The writ petition is disposed of by directing the respondents to initiate action on the petitioner's survey request for and on behalf of Babu, subject to the verification and notice procedure laid down.

Key takeaways

After following the prescribed procedure, the entire survey process shall be concluded within three months from the date of receipt of a copy of the order; no costs awarded.ratio¶23

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) disposed of a writ petition under Article 226 of the Constitution of India in which the petitioner sought a mandamus to direct the Tahsildar and Taluk Surveyor, Kumbakonam Taluk, Thanjavur District, to consider his application dated 06.10.2025 and survey land in S.No.195/13B2, Patta No.12432, Valaiyapettai Village. The survey request rested on a sale deed dated 16.10.2008 and patta standing in the name of the petitioner's brother Babu, together with a power of attorney dated 09.11.2007 executed by Babu in the petitioner's favour. Holding that the sale deed and patta stood in Babu's name, the Court directed the respondent to verify whether the power of attorney was still in force by issuing notice to the principal Babu and to owners of relevant adjacent lands, and to account for any objections before taking a decision. Subject thereto, the respondents were directed to initiate action on the survey request for and on behalf of Babu and conclude the entire process within three months of receipt of a copy of the order. No costs.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P(MD)No.33438 of 2025

Thirumeni

... Petitioner

Vs

The Tahsildar, Office of the Taluk Office, Kumbakonam Taluk, Thanjavur District.

The Taluk Surveyor, Kumbakonam Taluk, Thanjavur District. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS directing the respondents to consider my application dated 06.10.2025 and to survey the land and fix the boundaries the land comprised in Survey No.195/13B2 in Patta No.12432 in situated at Valaiyapettai Village, Kumbakonam Taluk, Thanjavur District within the time stipulated by this Court.

For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.K.R.Badurus Zaman Government Advocate

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ORDER

By relying on sale deed dated 16.10.2008 in favour of the petitioner's brother Babu and power of attorney dated 09.11.2007 executed by the said Babu in the petitioner's name, request for survey of the land in S.No.195/13B2 of the extent of 50.50 ares was made. The present writ petition relates thereto.

Learned counsel for the petitioner refers to the power of attorney and points out that the petitioner has been empowered to carry out all activities in relation to the relevant property.

Learned Government Advocate accepts notice for both the respondents.

He submits that notice would be issued to the pattadhar Babu and to the owners of relevant adjacent lands before a decision is taken.

The sale deed and patta stand in the name of Babu. The power of attorney has been executed in the year 2007 and the respondent shall verify whether the said power of attorney is still in force by issuing notice to the principal, Babu. Notice shall also be issued to owners of relevant adjacent lands. Objections, if any, from the said persons shall be taken into account before a decision is taken.

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Subject to the above observations, this writ petition is disposed of by directing the respondents to initiate action on the petitioner's request for survey for and on behalf of Babu. After following the procedure detailed above, the entire process shall be concluded within three months from the date of receipt of a copy of this order. No costs.

21.11.2025

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

To

The Tahsildar, Office of the Taluk Office, Kumbakonam Taluk, Thanjavur District. 2. The Taluk Surveyor, Kumbakonam Taluk, Thanjavur District.

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SENTHILKUMAR RAMAMOORTHY, J.

RJR

W.P(MD)No.33438 of 2025

21.11.2025

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