M.Palanisamy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) No.1439 of 2026 M.Palanisamy ... Petitioner Vs.

1.The Tahsildar, Gujiliamparai Taluk, 2.The Head Surveyor, Gujiliamparai Taluk, 3.M.Periyasamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first and second respondents not to survey the property in S.Nos.711/3C, 711/4B, 742/1A2A, 742/1A3A, 742/3 and 743/1A situated at Ullikottai Vedasandhur Taluk, Dindigul District by considering the petitioner's representation dated 14.01.2026, in accordance with law. For Petitioner : Mr.Sakthivel for Mr.V.G.Vallarasu Chezhian Page No. 1 of 5

For R1 & R2 : Mr.P.Subbaraj Special Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first and second respondents to consider the petitioner's representation dated 14.01.2026 and not to conduct a survey of the property comprised in S.Nos.711/3C, 711/4B, 742/1A2A, 742/1A3A, 742/3 and 743/1A, situated at Ullikottai, Vedasandhur Taluk,

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 him.

3. This Court, by an order dated 10.12.2025 in W.P.(MD) No.35351 of 2025, on the basis of one Periyasamy, who is the third respondent herein, directed that the said Periyasamy's application dated 17.11.2025, filed for the purpose of survey and demarcation, shall be considered and Page No. 2 of 5

that the procedure shall be followed in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923. Further, this Court ordered that any rival claims shall be subject to the jurisdiction of the civil court.

4. Now, the learned counsel appearing for the petitioner would submit that the said Periyasamy, the third respondent herein, has suppressed several facts regarding the pending civil dispute and has approached this Court by filing the Writ Petition.

5. According to the learned Special Government Pleader appearing for the first and second respondents, the survey has not yet been completed.

6. This Court is of the view that once an application is made, it is for the concerned authorities to consider and dispose of the same. Based on such application, this Court had directed the survey and demarcation of the properties by considering the application of the said Periyasamy, the third respondent herein. Further, liberty was granted to all interested parties to approach the concerned authorities and raise their objections at Page No. 3 of 5

the time of conducting the survey. However, the petitioner, instead of approaching the authorities and filing his objections, has approached this Court. Be that as it may, all the objections raised by the petitioner in the present Writ Petition can be adjudicated by the first and second respondents and shall form part of the record. As stated in the earlier order of this Court, in the event of any rival claims, the parties are at liberty to work out their remedies before the civil court.

7. With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. [K.SURENDER, J.] 27.01.2026 JEN Index : Yes / No To 1.The Tahsildar, Gujiliamparai Taluk, 2.The Head Surveyor, Gujiliamparai Taluk, Page No. 4 of 5

K.SURENDER , J.

JEN 27.01.2026 Page No. 5 of 5