Disposed¶33

Muthuppinnai v. The Tahsildar

Mandamus – Land survey – Boundary fixation

Madras HC13 Mar 2025WP(MD)/6593/2025

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Case brief

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What is this about?

Land survey; fixation of four boundaries; Firka Surveyor; Tahsildar Aruppukottai; Writ of Mandamus; Article 226; adjoining neighbours notice and hearing; eight-week timeline; no costs; Madurai Bench of Madras High Court; P.B. Balaji J.; W.P.(MD) No.6593 of 2025; S.No.44/9C; Mettuthottiyangulam Village; Virudhunagar District; representation dated 21.02.2025; survey application 17.02.2022; disposed at admission stage.

What did the court decide?

Direction to the second respondent (Firka Surveyor) to conduct a survey and fix the four boundaries of the petitioner's property after advance notice to respondents 4 to 7 and hearing their objections, to be completed within eight weeks from receipt of a copy of the order; no costs. ¶33

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

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W.P.(MD) No.6593 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 13.03.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE P.B.BALAJI

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W.P.(MD) No.6593 of 2025

Muthuppinnai

... Petitioner

vs.

1.The Tahsildar, O/o. Tahsildar Office, Aruppukottai Taluk, Virudhunagar District.

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2.The Firka Surveyor,

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O/o. Firka Surveyor Office, Aruppukottai Taluk, Virudhunagar District.

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3.The Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District.

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4.Ponnusamy

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5.Karuppasamy

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6.Aandhasaha Jothi

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7.Lekammal ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to conduct survey and fix the four boundaries of the above said property in S.No.44/9C to an

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W.P.(MD) No.6593 of 2025

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extent of 0.3.00 ares (3 ¼ cents) situated in South Street, Mettuthottiyangulam Village, Aruppukottai Taluk, Virudhunagar District and by considering the petitioner's representation, dated 21.02.2025 and at the time of survey, the third respondent with adequate police protection in accordance with law within stipulated time by this Court.

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For Petitioner : Mr.M.Gandhirajan

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For Respondents : Mr.C.Satheesh Government Advocate for R1 and R2

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Mr.S.Prakash Government Advocate for R3

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ORDER

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Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the stage of admission itself.

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2.The petitioner having purchased the subject lands on 25.02.1992 and sought for survey to be conducted by application made on 17.02.2022. The said application has been followed up with representation on 21.02.2025. According to the petitioner, the respondents 4 to 7 are his adjoining neighbours and they have been made parties to the writ petition to avoid any technical objections. The relief

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W.P.(MD) No.6593 of 2025

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sought for by the petitioner is only seeking issuance of a Writ of Mandamus to direct the respondents 1 and 2 to conduct a survey and fix the four boundaries of the petitioner's property based on his application dated 17.02.2025 and representation dated 21.02.2025.

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3.In view of the limited prayer sought for by the writ petitioner, this Writ Petition is disposed of with a direction to the second respondent to conduct a survey and fix the four boundaries of the petitioner's property, after giving advance notice to the respondents 4 to 7 as well and hear their objections, if any. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

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13.03.2025

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sji NCC: Yes/No Index : Yes / No Internet : Yes / No To

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1.The Tahsildar, O/o. Tahsildar Office, Aruppukottai Taluk, Virudhunagar District.

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W.P.(MD) No.6593 of 2025