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2025 Supreme(Online)(Mad) 65348

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR SENTHILKUMAR RAMAMOORTHY, J
J.Ravichandran – Appellant
Versus
The Tahsildar – Respondent
W.P(MD)No. 31971 of 2025



Advocates:
For the Appellant: Mr. A.Balaji
For the Respondents: Mr.B.Saravanan, Mr.S.Prakash

Court affirmed the right to survey land owned under a valid Will, mandating timely action by authorities.

Headnote:This writ petition seeks a directive under Article 226 of the Constitution of India for a survey and demarcation of land belonging to the petitioner. The petitioner presented title documents establishing ownership via a Will and demonstrates no rival claims. The court found merit in the application and ordered the respondents to carry out the survey within three months, after issuing notice to adjacent landowners. The survey is to be completed in a timely manner, taking into account any objections.

Table of Content
1. right to survey land based on valid ownership documents. (Para 1 , 4)
2. no contesting claims to ownership. (Para 2)
3. government's obligation to respond timely. (Para 3)
4. court directive on survey completion. (Para 5)

O R D E R

By relying on three sale deeds executed in the year 1971 in favour of the petitioner's mother and a Will dated 17.11.1985 bequeathing the subject property (Schedule B) in favour of the petitioner, the petitioner had applied for a survey of lands in survey No.9/4A1A8 at Arumbanur Bit-II village. The present Writ Petition relates thereto.

2. Learned counsel for the petitioner has also placed on record death certificate of the petitioner's mother. On instructions, he confirms that there is no rival title claim.

3. Learned Additional Government Pleader accepts notice for respondents 1 and 2 and learned Government Advocate (Crl.Side) accepts notice for the third respondent. Learned Additional Government Pleader submits that the survey would be carried out within twelve (12)

weeks from the date of receipt of a copy of this order.

4. The petitioner has placed on record the title documents under which his mother purchased the property. Also on record is Will dated 17.11.1985 executed by the petitioner's mother bequeathing the schedule 'B' property in favour of the petitioner. Such Will took effect on 07.03.1988, which is the date of death of the petitioner's mother. In these circumstances, the petitioner is entitled to the initiation of action on the application for survey.

5. For reasons aforesaid, this Writ Petition is disposed of by directing the first and second respondents to initiate action on the petitioner's request for a survey and complete the entire process within three (3) months from the date of receipt of a copy of this order after issuing notice to owners of relevant adjacent lands and considering objections, if any, from them. No costs.

NCS : Yes/No 11.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The Tahsildar, O/o.The Tahsildar, Madurai East Taluk, Madurai District.

2. The Head Surveyor, O/o.The Tahsildar, Madurai East Taluk, Madurai District.

3. The Inspector of Police, Y.Othakadai Police Station, Madurai District.

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN W.P(MD)No. 31971 of 2025

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