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2025 Supreme(Online)(Mad) 65454

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J
PALANISAMY – Appellant
Versus
The Tahsildar Taluk Office, Sendamangalam, Namakkal District – Respondent
WP No. 42484 of 2025



Advocates:
For the Appellants/Petitioners: Mr.S.Sithirai Anandam
For the Respondents:Mr.P.Ganesan Government Advocate for R1, Mr.L.Baskaran Government Advocate for R2

The court upheld the petitioner's right to survey the disputed property based on demonstrated title and the necessity of police facilitation.

Headnote:Statute Analysis: The writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus. Facts of the Case: The petitioner claims right over the property via a registered Sale Deed dated 16.06.2010 and alleges interference by the 3rd respondent, prompting the need for a survey (paragraphs 3-4).

Findings of Court:
The Court directed the 1st respondent to act upon the petitioner's application and conduct the survey, ensuring the process is completed within four weeks (paragraph 5).

Issues: The core question addressed is the requirement for the 1st respondent to conduct a survey based on the petitioner's claims (paragraph 5).

Ratio Decidendi: The court reasons that since the petitioner possesses title documents, a survey is warranted and can be aided by the police if necessary (paragraphs 5-6).

Result: This writ petition is disposed of with the above directions. No Costs.

Table of Content
1. title and application for survey on disputed property. (Para 3 , 4)
2. direction to conduct survey within specified timeframe and police assistance if needed. (Para 5)

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to act upon the application submitted by the petitioner on 09.09.2025, wherein, the petitioner is seeking for the survey of the subject property and for demarcation of boundaries.

2.Heard Mr.A.K.Sriram, learned counsel appearing on behalf of the petitioner and Mr.V.Annalakshmi, learned Government Advocate appearing on behalf of the respondents.

3.The petitioner is claiming right and title over the subject property by virtue of a registered Sale Deed dated 16.06.2010 registered as Document No.1142/2010. The petitioner thereafter settled a portion of the property in favour of his sisters by virtue of two registered Settlement Deeds both dated

24.03.2021.

4.The 3rd respondent was attempting to interfere with the possession and enjoyment of the property and hence, the petitioner decided to survey the subject property for demarcation of boundaries. Hence, the petitioner submitted an application on 09.09.2025 and paid the necessary charges for conduct the survey in the subject property and for demarcation of boundaries. Since the same was not acted upon, the present writ petition has been filed before this Court.

5.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 1st respondent to act upon the application submitted by the petitioner on 09.09.2025 and conduct the survey in the subject property based on the title documents and complete the said process, within a period of four weeks from the date of receipt of copy of this order. If there are any other interested parties, such survey shall be conducted in their presence. If require, the 1st respondent can take the police aid from the 2nd respondent.

6.This writ petition is disposed of with the above directions. No Costs.

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