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2025 DAILYLAW 128194 (MAD)

Senthamarai v. The Tahsildar

WP(MD)/7562/2025 · 2025-03-20

P B Balaji

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.7562 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025 CORAM: THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD)No.7562 of 2025 Senthamarai .... Petitioner /Vs./ 1. The Tahsildar Office of the Tahsildar, Alangulam, Tenkasi District. 2. The Head Surveyor Office of the Tahsildar, Alangulam, Tenkasi District. 3.Shanmugavel 4.Ramar .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the land in connection with Survey No.840/3A and 840/3B at Venkadampatti-I Village, Alangulam Taluk, Tenkasi District with police protection at the time of survey the land by considering the petitioner's petition no. 2025/0123/34/005189 dated 01.03.2025 within time frame as fixed by this Court. 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.7562 of 2025 For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.M.Lingadurai Special Government Pleader ORDER The petitioner has sought for survey of his lands by making an application on 01.03.2025. Even according to the petitioner, the other co- pattadhars, who are respondents 3 & 4, are objecting to survey being conducted. 2. On going through the sale deed under which the petitioner has purchased the subject lands, I find that the petitioner has only purchased 1/3 undivided share in a larger extent of the property, which alone is bounded on 4 sides by definite boundaries. In such view of the matter, two options are open to the petitioner are, viz., either to get consent of the other co-pattadhars or alternatively file a suit for partition and separate possession and after becoming entitled to a specific property bounded on 4 sides, then the petitioner shall be entitled to apply for survey. 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.7562 of 2025 3. In view of the above, the writ petition is dismissed. No costs. Index : Yes / No NCC : Yes / No 20.03.2025 am To 1. The Tahsildar Office of the Tahsildar, Alangulam, Tenkasi District. 2. The Head Surveyor Office of the Tahsildar, Alangulam, Tenkasi District. 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.7562 of 2025 P.B. BALAJI , J. am Order made in W.P.(MD)No.7562 of 2025 Dated: 20.03.2025 4/4 https://www.mhc.tn.gov.in/judis