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Moorthi v. The Revenue Divisional Officer

DISPOSED OF
Court
High Court of Madras
Decided
1 July 2026
Bench
S Justice S.Srimathyauthor
Case no.
WP(MD) 5805/2026

Judgment

ORDER This Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the 1st respondent to consider and dispose of the petitioner's statutory appeal dated 27.02.2026, preferred under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923, against the order passed by the 2nd respondent in F.L. No. 019999/2025/S dated

20.02.2026, within a time frame to be fixed by this Court, and consequently, to forbear the respondents from implementing the said order of the 2nd respondent pending disposal of the statutory appeal.

¶2The grievance of the petitioner is that patta has been issued in favour of Respondents 4 to 6, which, according to the petitioner, ought not to have been granted. Aggrieved by the order passed by the 2nd respondent in F.L. No. 019999/2025/S dated 20.02.2026, the petitioner has preferred a statutory appeal dated 27.02.2026 before the 1st respondent under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923.

¶3Pending disposal of the statutory appeal, the official respondents have initiated steps to survey the property on the strength of the impugned order. Taking note of the above circumstances, this Court had granted an interim order of status quo in respect of the proposed survey. The said interim order shall continue to remain in force until the disposal of the statutory appeal.

¶4Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the rival claims, this Court directs the 1st respondent to take up the statutory appeal dated

27.02.2026, issue notice to the petitioner and respondents 4 to 6, afford them a reasonable opportunity of hearing, conduct the enquiry, and dispose of the appeal by passing a reasoned and speaking order, strictly in accordance with law, within a period of nine (9) weeks from the date of receipt of a copy of this order. Since the learned counsel appearing for all the parties submitted that they are ready to participate in the enquiry, they shall extend their full cooperation to the 1st respondent to enable early disposal of the appeal.

¶5With the above directions, this Writ Petition stands disposed of. Consequently, the interim order of status quo granted by this Court shall continue until the disposal of the statutory appeal by the 1st respondent. No costs.

01.07.2026 Index : yes / no Internet : yes / no TO

¶1The Revenue Divisional Officer, Melur, Madurai District.

¶2The Tahsildar,, Madurai East Taluk, Madurai District.

¶3The Station House Officer,, Appanthirupathi Police Station, Madurai. WP(MD).oNo.5805oofo2026 ooooooooooooooooooooooooooooooooS.SRIMATHY,J trp o oooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooWP(MD).oNo.5805oofo2026oand WMP(MD).No.4832oofo2026 ooooooooooooooooooooooooooooooDateoo:o01/07/2026

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/07/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY WP(MD). No.5805 of 2026 and WMP(MD).No.4832 of 2026 Moorthi ... Petitioner Vs 1. The Revenue Divisional Officer, Melur, Madurai District. 2. The Tahsildar,, Madurai East Taluk, Madurai District. 3. The Station House Officer,, Appanthirupathi Police Station, Madurai. 4. Mohamed Elyas 5. Mohamed Ashique Mustafa 6. Mohamed Mustafa Haris ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioners statutory appeal dated 27.02.2026 against the order made by the 2nd respondent in FL.No. 019999/2025/S dated 20.02.2026, preferred under section 11 of the Tamil Nadu Survey and Boundaries Act, 1923 within the time that may be stipulated by this Honble Court and consequently to forbear the respondents from implementing the order of the 2nd respondent in FL.No.019999/2025/S dated 20.02.2026. For Petitioner : Mr.. M.Arsathul Hameed, Advocate. For Respondents 1 & 2 : Mr.I. Pinayagash Counsel for State For respondent No.3 : Mr. J. Vishnu Government Advocate (Crl. side) For respondents 4 & 6 : Mr. A. Hajamohideen For respondent No.5 : Mr. A. Balaji

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.