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

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

What the court decided

AI extract

Outcome

Writ petition disposed of by directing the first respondent (Tahsildar) to conduct an inquiry into the petitioner's survey request after notice to owners of relevant adjacent lands including respondents 4 and 5; survey not to be conducted where there is a credible title dispute (boundary disputes may be decided); speaking order to issue within three months; no costs.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 and 2 to conduct a survey of the petitioner's landed properties bearing Survey Nos. 1659/3B and 1659/3C situated at Kombai West, Uthamapalayam Taluk, Theni District. +1 more

Court's answer

In view of the Special Government Pleader's submission that an inquiry would be conducted before a decision is taken, it was not necessary to issue notice to the private respondents in this writ petition.

Ratio / Principle

The writ petition is disposed of by directing the first respondent to conduct an inquiry into the petitioner's request for survey after issuing notice to owners of relevant adjacent lands, including respondents 4 and 5.

Key takeaways

The official respondents shall not conduct the survey if there is a credible title dispute, whereas a boundary dispute may be decided by them.ratio¶25
A speaking order shall be issued within three months from the date of receipt of a copy of the order; no costs were awarded.ratio¶25

Detailed headnote1 paragraphs

Writ Petition under Article 226 seeking mandamus to respondents 1 and 2 (Tahsildar and Head Surveyor, Uthamapalayam Taluk, Theni District) to survey the petitioner's lands in S.Nos.1659/3B and 1659/3C at Kombai West, and for protection by the Inspector of Police. Held: petition disposed of without notice to private respondents, since the Government Pleader undertook that an inquiry would precede any decision. First respondent directed to inquire into the survey request after notice to owners of relevant adjacent lands, including respondents 4 and 5. Clarified that official respondents shall not conduct the survey where there is a credible title dispute, while a boundary dispute may be decided by them. Speaking order within three months. No costs.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 28.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P(MD)No.34568 of 2025

Thiagu

... Petitioner

Vs

The Tahsildar, Uthamapalayam Taluk, Theni District.

The Head Surveyor, Uthamapalayam, Uthamapalayam Taluk, Theni District.

The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

K.Umadevi

C.Deivendiran ... 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 1 and 2 to conduct a survey of the petitioners landed properties bearing Survey Nos. 1659/3B and 1659/3C situated at Kombai West, Uthamapalayam Taluk, Theni District and to provide necessary protection of the 3rd respondent.

1/4

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

For Petitioner : M/s.M.Sivakumar For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 and R2 Mr.S.Prakash Government Advocate(crl.side) for R3

ORDER

By relying on sale deed dated 25.07.2025, the settlement deed dated 05.04.2019 and patta Nos.5934 and 7331, the petitioner had applied for survey of lands in S.No.1659/3B(10.80 ares) and 1659/3C(10.09 ares).

Learned Special Government Pleader accepts notice for respondents 1 and 2 and learned Government Advocate (crl.side) accepts notice for the 3^rd respondent. Learned Special Government Pleader submits that an inquiry would be conducted after issuing notice to owners of relevant adjacent lands, including the 4th and 5th respondents.

In view of the submissions of learned Special Government Pleader that

an enquiry would be conducted before a decision is taken, it is not necessary to issue notice to the private respondents in this writ petition. Instead, this writ petition is disposed of by directing the first respondent to conduct an inquiry in relation to the petitioner's request for survey after issuing notice to owners of

2/4

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

relevant adjacent lands, including the 4th and 5th respondents herein. For the avoidance of doubt, it is clarified that the official respondents shall not conduct the survey if there is a credible title dispute, whereas a boundary dispute may be decided by them. A speaking order shall be issued within three months from the date of receipt of a copy of this order. No costs.

28.11.2025

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

To

The Tahsildar, Uthamapalayam Taluk, Theni District. 2. The Head Surveyor, Uthamapalayam, Uthamapalayam Taluk, Theni District. 3. The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

3/4

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

SENTHILKUMAR RAMAMOORTHY, J.

RJR

W.P(MD)No.34568 of 2025

28.11.2025

4/4

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