S.Ammamuthan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) Nos.1931 & 1934 of 2026 S.Ammamuthan ... Petitioner Vs.

1.The Tahsildar, 2.The Revenue Inspector, 3.The surveyor, 4.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

5.The Sub-Inspector of Police, Sedaipatti Police Station, 6.Ramya Page No. 1 of 6

7.Rathi Devi 8.Sumathi 9.K.Ramasamy Thevar 10.R.Sekar ... 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 pertaining to impugned notice bearing Athumal No.Nil dated 22.01.2026 on the file of the second respondent and quash the same as illegal and consequently direct the first to fifth respondents to relegate the parties to the competent Civil Court without Proceedings with survey of the land in Survey No.75/7A2 at Allikundam Village, Usilampatti Taluk, Madurai District.

For Petitioner : Mr.R.Shankar Ganesh For R1 to R3 : Mr.S.Kameswaran Government Advocate For R4 & R5 : Mr.S.Prakash Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice bearing Athumal No.Nil dated 22.01.2026, on the file of the second respondent, quash the same as illegal and consequently direct the first to Page No. 2 of 6

fifth respondents to relegate the parties to the competent Civil Court, without proceeding further with the survey of the land comprised in Survey No.75/7A2, situated at Allikundam Village, Usilampatti 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 private respondents, as no adverse orders are proposed to be passed against them.

3. This Court, by an order dated 09.09.2025 in W.P.(MD) No.24404 of 2025, on a request made by one Ramya, the sixth respondent herein, directed that her application for survey of the land shall be considered and that the survey shall be conducted after putting all the parties, including the objectors, if any, on notice.

4. The learned counsel for the petitioner would submit that there are objections to the conduct of the survey and that the survey has been scheduled without conducting any enquiry and without issuing notice to the petitioner.

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5. The learned Government Advocate appearing for the first to third respondents would submit that the impugned order itself constitutes the survey notice issued to all the concerned parties, including the petitioner, informing them of the date of the survey.

6. Since the petitioner alleges that no notice has been issued to him, this Court is of the view that in accordance with the direction passed in W.P.(MD) No.24404 of 2025, the petitioner shall be put on notice. His objections shall be recorded before concluding the process of survey.

7. With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. [K.SURENDER, J.] 30.01.2026 JEN Index : Yes / No To 1.The Tahsildar, Page No. 4 of 6

2.The Revenue Inspector, 3.The surveyor, 4.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

5.The Sub-Inspector of Police, Sedaipatti Police Station, Page No. 5 of 6

K.SURENDER , J.

JEN 30.01.2026 Page No. 6 of 6