Mariammal Vs The Tahsildar

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent to conduct a survey on the petitioner's punja land to an extent of 4 cents (1742.4 sq.ft.) on the east end vide in Survey No.264/1 to an extent of 0.11.5 Ares and Survey No.264/3A to an extent of 0.95.5 Ares of Keelaneelithanallaur Panchayat and Village, Melaneelithanallur

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

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W.P.(MD) No.33766 of 2025

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Panchayat Union, Tenkasi District on the northern side of 83 ½ cent based on the petitioner's representation dated 25.10.2025.

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For Petitioner : Mr.V.Muthuvelan For R1 & R2 : Mr.R.Ragavendran Government Advocate For R3 : Mr.S.Prakash Government Advocate (Crl. Side) For R4 : Mr.V.Selvakumar

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O R D E R

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This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to conduct a survey of the petitioner’s punja land measuring an extent of 4 cents (1742.4 sq. ft.) on the eastern side, situated in Survey No.264/1 to an extent of 0.11.5 Ares and Survey No.264/3A to an extent of 0.95.5 Ares, at Keelaneelithanallur Village and Panchayat, Melaneelithanallur Panchayat Union, Tenkasi District, lying on the northern side of 83½ cents, based on the petitioner’s representation dated 25.10.2025.

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2. The learned counsel appearing for the petitioner would submit that an application has been made for the demarcation of the boundaries of the property in question.

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

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W.P.(MD) No.33766 of 2025

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The learned counsel for the fourth respondent would submit that the petitioner is the legal heir of one Muthu, who is deceased; that the said Muthu had filed a suit in O.S.No.167 of 2019 for declaration and permanent injunction; that the said suit was dismissed for default on 16.10.2023, since no steps were taken to bring the legal heirs on record; and that however, as the legal heir, the petitioner has filed the present Writ Petition, which cannot be entertained.

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The learned Government Advocate appearing for the first and second respondents would submit that after consideration of the claims of the parties, proper steps would be taken to demarcate the land in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923.

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5. Recording the aforesaid submissions, this Court directs the first and second respondents to consider the application of the petitioner dated 25.10.2025, conduct enquiry, demarcate the petitioner’s land after consideration of the claims of all parties, including the private respondent and pass orders in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923 within a period of twelve weeks

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

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W.P.(MD) No.33766 of 2025

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from the date of receipt of a copy of this order. All the points raised by the

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fourth respondent and the suit filed by the petitioner's husband shall be taken into consideration while disposing of the application. It is needless to state that if required, police assistance shall be provided subject to payment of the requisite charges by the petitioner.

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6. With the above direction, this Writ Petition stands disposed of.

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There shall be no order as to costs.

[K.SURENDER, J.]

06.01.2026

JEN

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