M.Jeyakumar Vs The Tahsildar

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W.P.(MD)No.36117 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.12.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE K.SURENDER

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W.P.(MD)No.36117 of 2025

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M.Jeyakumar ... Petitioner -vs1.The Thasildar, (Land Survey Division), Aundipatti Taluk, Theni District. 2.The Deputy Inspector of Survey, Office of the Tahsildar, Aundipatti, Theni District. 3.The Firka Surveyor, Aundipatti Taluk, Theni District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to cause survey of the land in Survey No.995/3, Sanmugasundarapuram Village, Aundipatti Taluk, Theni District, admeasuring 1 Hectare 0.50 Ares (2 Acres 48 ¼ cents) and demarcate the boundaries on the basis of the petitioner's application dated 30.09.2025 within a time frame fixed by this Court.

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

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W.P.(MD)No.36117 of 2025

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For Petitioner : Mr.T.Pradeep For Respondents : Mr.R.Ragavendran Government Advocate

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ORDER

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This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to survey the land comprised in Survey No.995/3, Sanmugasundarapuram Village, Aundipatti Taluk, Theni District, measuring an extent of 1 Hectare and 0.50 Ares (2 Acres 48¼ cents), and to demarcate the boundaries thereof on the basis of the petitioner's application dated 30.09.2025, within a time frame to be fixed by this Court.

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2 . By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

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3 . According to the petitioner, he is the lawful owner/possessor of the land comprised in Survey No.995/3, Sanmugasundarapuram Village, Aundipatti Taluk, Theni District, measuring an extent of 1 Hectare and 0.50 Ares. In order to clearly identify and protect his property, the petitioner made a representation dated

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W.P.(MD)No.36117 of 2025

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30.09.2025 to the concerned authorities seeking survey and demarcation of the said land. However, despite the said request, no action has been taken by the respondents. Hence, the petitioner has been constrained to approach this Court seeking a Writ of Mandamus directing the respondents to survey and demarcate the land within a time frame to be fixed by this Court.

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4 . The learned Government Advocate appearing for the respondents submits that proceedings relating to FMB corrections are pending before the Revenue Divisional Officer.

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5 . At this juncture, Mr.C.Susikumar, learned counsel appearing for Ragunathan, who is an interested person in the subject property, submits that the said Ragunathan has filed O.S.No.71 of 2025 before the District Munsif Court, Andipatti, and that the said suit is pending.

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6 . Per contra, the learned counsel for the petitioner submits that the said

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suit has no bearing on the subject property in respect of which the application has been made seeking survey.

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W.P.(MD)No.36117 of 2025

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7 . Considering the aforesaid submissions, this Court is of the view that it is incumbent upon the respondents to consider the application of the petitioner and pass appropriate orders thereon. Accordingly, this Court directs the respondents to consider the petitioner's application dated 30.09.2025, survey and demarcate the petitioner's land after considering the claims of the petitioner, the adjacent landowners, and other interested persons, if any, and pass appropriate orders in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923, within a period of twelve weeks from the date of receipt of a copy of this order. While disposing of the petitioner's application, the respondents shall also take into consideration the issues relating to FMB entries, the pending civil suit, and other relevant aspects.

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8 . With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

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NCC : Yes / No ( K.SURENDER, J .) Index : Yes / No 17.12.2025 smn2

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

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W.P.(MD)No.36117 of 2025

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To:-