E.K.Natarajan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE WP No. 14870 of 2026 AND WMP NO. 16123 OF 2026 E.K.Natarajan ..Petitioner(s) Vs
1. The Tahsildar O/o.the Tahsildar, Nambiyur - Post and Taluk, Erode- District.
2. The Surveyor Nambiyur Taluk Office, Nambiyur - Post and Taluk, Erode- District.
..Respondent(s) To call for the records relating to the rejection of Online application for survey in application No.2025/ 10123/ 10/ 007129 dated 18.11.2025 on the file of the 2nd respondent/ surveyor, Nambiyur and quash the same and further direct respondents to survey the petitioner's land situated in survey No.411/6 to an extent of 18 Ares and the land in Survey No.411/7 to an extent of 24.50 Ares of Elathur A Village, Nambiyur -Taluk, Erode- District. For Petitioner(s):
Mr.D.Veerasekaran For Respondent(s):
Mr.D.Ravichander,SGP Order This writ petition has been filed, challenging the impugned order dated 18.11.2025 passed by the second respondent, rejecting the petitioner's
application seeking for survey and demarcation of the boundaries of the property, morefully disclosed in the prayer to this writ petition on the ground that a civil suit is pending.
2.The petitioner categorically contends before this Court that the said civil suit is not the subject matter of the property for which survey and demarcation of the boundaries was sought for by the petitioner. The petitioner has also filed supporting documents along with this writ petition in support of his contentions. This Court is not expressing any opinion on the merits of the same.
3.Mr.D.Ravichander, learned Special Government Pleader accepts notice on behalf of the respondents.
4.Since the impugned order has been passed only on the ground that a civil suit is pending, which the petitioner categorically contends, is not a subject matter of the property for which survey and demarcation was sought for by the petitioner, this Court is of the considered view that the impugned order dated 18.11.2025 passed by the second respondent has to be quashed and the matter has to be remanded back to the second respondent for fresh consideration, on merits and in accordance with law.
5.For the foregoing reasons, this writ petition is disposed of and the impugned order dated 18.11.2025 passed by the second respondent is quashed and the matter is remanded back to the second respondent for fresh consideration, on merits and in accordance with law. The petitioner shall submit
a written explanation to the second respondent along with the supporting documents stating as to why there is no legal impediment for the second respondent to survey and demarcation of the boundaries of the property, morefully disclosed in the prayer to this writ petition as the said property is not the subject matter of the civil suit, which is disclosed in the impugned order, within a period of one week from the date of receipt of a copy of this order.
On receipt of the said written explanation along with the supporting documents within the stipulated time, the second respondent shall take a final decision, after giving due consideration to the written explanation submitted by the petitioner as well as the supporting documents produced by him as to whether the survey and demarcation of the boundaries of the property can be done or not, within a period of 3 weeks thereafter. In case the second respondent decides to reject the petitioner's application for survey and demarcation of the boundaries of the property, the second respondent shall pass a speaking order, after giving due consideration to the written explanation submitted by the petitioner as well as the supporting documents produced by him. Consequently, connected WMP is closed. No costs.
28-04-2026 Index: Yes/No Speaking/Non-speaking order VGA
ABDUL QUDDHOSE J.
VGA To
1. The Tahsildar O/o.the Tahsildar, Nambiyur - Post and Taluk, Erode- District.
2. The Surveyor Nambiyur Taluk Office, Nambiyur - Post and Taluk, Erode- District.
AND WMP NO. 16123 OF 2026 28-04-2026