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2025 DAILYLAW 212933 (MAD)

Kaminaicker alias P.Kamaraj v. Paunraj,

WA(MD)/2678/2025 · 2025-10-29

Anita Sumanth, C Kumarappan

Transfer Petitionbody2025

Judgment text

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W.A.(MD)No.2678 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2025 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.(MD)No.2678 of 2025 and C.M.P.(MD)No.15213 of 2025 Kaminaicker @ P.Kamaraj ...Appellant /Vs./ 1.Paunraj 2.The Tahsildar, Periyakulam Taluk Office, Theni District. 3.The Taluk Surveyor, Periyakulam Taluk, Theni District. ... Respondents PRAYER:- Writ Appeal - filed under Clause 15 of the Letters Patent, to set aside the impugned order dated 14.02.2024 made in W.P.(MD)No. 3231 of 2024, and direct the respondents 2 and 3 herein to survey, sub- divide and fix boundaries of ancestral properties of appellant and first respondent in proportion and allow the writ appeal. For Appellants : Mr.K.Appadurai For R1 : Mr.V.Chandrasekar 1/4 https://www.mhc.tn.gov.in/judis W.A.(MD)No.2678 of 2025 For R2 & R3 : Mr.S.P.Maharajan Special Government Pleader ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.) We are not inclined to consider this writ appeal. 2.W.P.(MD)No.3231 of 2024 has been filed by one Paunraj seeking a direction to the Tahsildar and Taluk Surveyor of Periyakulam Taluk to measure the land in S.F.No.891/1D, 892, 989/2, 990/2, 991/2, 998/2 and 2212/2 in Vadaveeranaickenpatti Village, Periyakulam Taluk, Theni District (property/property in question). 3.The appellant was not arrayed as respondent and filed the present appeal after obtaining third party leave. Ultimately, the writ petition has come to be disposed setting out a series of directions for the conduct of survey within the time frame fixed by the Court. 4.Mr.K.Appadurai, learned counsel for the appellant, disputes the claim of R1 that the lands in question are either owned by him or in his possession. He hence disputes the plea of R1 for issuance of patta. It would hence suffice to clarify that the scope and ambit of the order dated 14.02.2024 shall be restricted to conduct of survey alone and that too, after ensuring that sufficient advance notice is issued to the appellant as 2/4 https://www.mhc.tn.gov.in/judis W.A.(MD)No.2678 of 2025 well as others, who may be interested in the properties in question. Needless to say the input from the appellant, R1 and others should be taken note by the Surveying authorities. 5.In fact, Mr.Chandrasekar, learned counsel, who appears for R1 accedes fairly to the position that that is what R1 had also intended in the writ petition. 6.With the aforesaid clarification and sustaining order impugned in this writ appeal, this writ appeal stands disposed. No costs. Consequently, connected miscellaneous petition is closed. [A.S.M.J.,] & [C.K.J.,] 29.10.2025 NCC :Yes/No Index :Yes/No Internet :Yes ta To 1.The Tahsildar, Periyakulam Taluk Office, Theni District. 2.The Taluk Surveyor, Periyakulam Taluk, Theni District. 3/4 https://www.mhc.tn.gov.in/judis W.A.(MD)No.2678 of 2025 DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J. ta W.A.(MD)No.2678 of 2025 29.10.2025 4/4 https://www.mhc.tn.gov.in/judis