M.Rajinikanth v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) No.1349 of 2026 M.Rajinikanth ... Petitioner Vs.

1.The Tahsildar, Theni Taluk Office, 2.The Survey Inspector - Land Survey Department (Kottur village), Theni Taluk Office, Theni Taluk, 3.Bhavani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the Survey Notice bearing No.E.Ko.O.Mu.No. 3880838/2025/A3 dated 23.10.2025 issued by the second respondent, quash the same as illegal and without jurisdiction and consequently forbear the first and second respondents from conducting any survey in respect of the property comprised in Survey No.164/3, measuring 51 cents Page No. 1 of 5

(20.5 Ares), situated at Kottur Village, Theni Taluk, Theni District, at the instance of the third respondent or any third party. For Petitioner : Mr.S.Kathiravan For R1 & R2 : Mr.P.Subbaraj Special Government Pleader *****

O R D E R

The petitioner has approached this Court seeking a direction to restrain the first and second respondents from conducting a survey on the basis of the application made by the third respondent, Mrs.Bhavani.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself, dispensing with the notice to the third respondent, as no adverse orders are proposed to be passed against her.

3. The learned counsel for the petitioner would submit that the third respondent has no right over the property and has no documents to substantiate the same; that further, the civil court has already held against the third respondent; that the second appeal before this Court is pending; Page No. 2 of 5

and that in respect of the same, the third respondent has approached the revenue authorities and caused undue hardship to the petitioner.

4. This Court is of the view that all the grounds raised by the petitioner shall be placed before the first and second respondents. Since an application has already been made by the third respondent, it is the bounden duty of the first and second respondents to consider the same and conduct an enquiry. The aspects raised by the petitioner shall be considered before concluding the field inspection.

5. With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. [K.SURENDER, J.] 23.01.2026 JEN Index : Yes / No To 1.The Tahsildar, Theni Taluk Office, Page No. 3 of 5

2.The Survey Inspector - Land Survey Department (Kottur village), Theni Taluk Office, Theni Taluk, Page No. 4 of 5

K.SURENDER , J.

JEN 23.01.2026 Page No. 5 of 5