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2025 DAILYLAW 187950 (MAD)

S.Shanmugavadivu v. The Thasildar

WP(MD)/35495/2025 · 2025-12-11

K Surender

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.35495 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2025 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.35495 of 2025 S.Shanmugavadivu ... Petitioner -vs- 1.The Thasildar, O/o.Thasildar Office, Rameshwaram Taluk, Ramanathapuram District. 2.The Surveyor, Land Survey Department, O/o. the Thasildar, Rameshwaram Taluk, Ramanathapuram District. 3.The Inspector of Police, Thangachimadam Police Station, Ramanathapuram District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to demarcate the petitioner's property and fix the boundaries in respect of Survey Number : 86/5 of an extent of 0-22.00 Hectares, situated at Ariyangundu, Pamban Village, Rameshwaram Taluk, Ramanathapuram District and lay boundary stone with the help of third ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.35495 of 2025 respondent based on the petitioner's application dated 23.10.2025, within a stipulated time limit as fixed by this Court. For Petitioner : Mr.M.Mathan Karthick For R1 and R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.S.Prakash Government Advocate (Criminal side) ORDER This Writ Petition has been filed seeking the issuance of a Writ of Mandamus, directing the respondents to demarcate the petitioner's property and fix the boundaries in respect of Survey No.86/5, measuring 0.22.00 Hectares, situated at Ariyangundu, Pamban Village, Rameshwaram Taluk, Ramanathapuram District, and to lay boundary stones with the assistance of the third respondent, based on the petitioner's application dated 23.10.2025, within such time as may be fixed by this Court. 2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.35495 of 2025 3. According to the petitioner, she is the owner of land situated in Survey No.86/5, measuring 0.22.00 Hectares, located at Ariyangundu, Pamban Village, Rameshwaram Taluk, Ramanathapuram District. The petitioner submitted an application dated 23.10.2025, requesting the respondents to conduct demarcation of the said property, fix the boundaries, and lay boundary stones as per the revenue records. Despite the petitioner's valid application and repeated requests, the respondents have not taken any steps to demarcate the land or fix the boundaries, which has caused prejudice and hardship to the petitioner. The respondents have a statutory duty to survey, demarcate, and fix boundary stones upon receipt of a proper application. Their continued inaction is arbitrary and contrary to law. Hence, the present Writ Petition. 4. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that after consideration of the claims of both the parties, proper steps would be taken to demarcate the land in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.35495 of 2025 5. Recording the aforesaid submission, this Court directs the respondents 1 and 2 to consider the application of the petitioner and demarcate the land of the petitioner, after giving notice to all the interested parties and also after consideration of the claims of the parties and pass 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. In the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court. 6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 11.12.2025 smn2 To:- 1.The Thasildar, O/o.Thasildar Office, Rameshwaram Taluk, Ramanathapuram District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.35495 of 2025 2.The Surveyor, Land Survey Department, O/o. the Thasildar, Rameshwaram Taluk, Ramanathapuram District. 3.The Inspector of Police, Thangachimadam Police Station, Ramanathapuram District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.35495 of 2025 K.SURENDER , J. smn2 W.P.(MD)No.35495 of 2025 11.12.2025 ____________ https://www.mhc.tn.gov.in/judis