Sadasivam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)Nos.782 and 783 of 2026 Sadasivam ... Petitioner -vs1.The Tahsildar, Ilalgudi Taluk Office, Ilalgudi Taluk, Trichy District.

2.The Firka Surveyor, Valadi Part, Ilalgudi Taluk, Trichy District.

3.Marishkumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned survey notice dated 29.12.2025 issued by the first respondent to conduct survey with regard to S.F.Nos.248/4, 6 and 8A of Madakudi Village, Ilalgudi Taluk, Thanjavur District and consequently, direct the respondents 1 and 2 not to conduct the survey pending civil litigation.

For Petitioner : Mr.E.Satheesh For R1 and R2 : Mr.N.Ramesh Arumugam Government Advocate

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned survey notice dated 29.12.2025 issued by the first respondent to conduct survey with regard to S.F.Nos.248/4, 6 and 8A of Madakudi Village, Ilalgudi Taluk, Thanjavur District and consequently, direct the respondents 1 and 2 not to conduct the survey pending civil litigation.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the third respondent, notice to the third respondent is hereby dispensed with.

4. The learned counsel appearing for the petitioner submits that the third respondent herein had filed W.P.(MD)No.33280 of 2025 and that this Court, by order dated 21.11.2025, disposed of the said writ petition by directing

respondents 1 and 2 therein to take action on the third respondent's request for survey, after issuing notice to the adjacent landowners and after considering their objections, if any, and to pass appropriate orders within a period of three months. It is further submitted that in the said writ petition, the petitioner herein was not impleaded as a party. Pursuant to the order passed in the said writ petition, a notice came to be issued to the petitioner.

5. The learned counsel for the petitioner further submits that there are civil disputes pending between the parties and that the same are being adjudicated before the Sub Court, Trichy, in O.S.No.1078 of 1980. It is contended that suppressing these material facts, the third respondent filed the above said writ petition and obtained an order from this Court.

6. The learned Government Advocate appearing for the respondents 1 and 2 submits that in the event of there being any pending civil dispute, all such aspects will be taken into consideration while disposing of the representation filed by the third respondent.

7. Considering aforesaid submissions, this Court is of the view that since the notice, which is impugned in the present writ petition, was issued pursuant to the order passed by this Court in W.P.(MD)No.33280 of 2025, the question of directing the respondents 1 and 2 not to conduct the survey does not arise. However, in the facts of the present case, it is incumbent upon the respondents 1 and 2 to consider the objections raised by the petitioner herein with regard to the pending civil disputes and to conclude the proceedings in accordance with the directions issued by this Court in W.P.(MD)No.33280 of 2025. Needless to state that all rival claims relating to the property, which is the subject matter of the civil suit, have to be adjudicated by the Civil Court for arriving at a conclusion regarding the ownership of the property, for which the survey is sought.

8. With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 19.01.2026 smn2

To:- 1.The Tahsildar, Ilalgudi Taluk Office, Ilalgudi Taluk, Trichy District.

2.The Firka Surveyor, Valadi Part, Ilalgudi Taluk, Trichy District.

K.SURENDER , J.

smn2 19.01.2026