Ayyavu Vandaiyar Dharmasathiram v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Ayyavu Vandaiyar Dharma Sathiram rep.by its trustee M.Saravanan (M/43) S/o.Murugappa 190, Kathrikkollai Karambayam Pattukkottai Taluk Thanjavur District ... Petitioner -vsThe Thasildhar Pattukkottai Taluk Office Thanjavur District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the proceedings AAC.Tha.Pa.01/2026/A3, dated 27.01.2026 issued by the respondent and to quash the same as illegal and arbitrary and against law.

For Petitioner :

Mr.A.Senthil Kumar For Respondent :

Mr.J.Ashok Additional Government Pleader

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] Mr.J.Ashok, learned Additional Government Pleader, takes notice for the respondent.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. The proceedings of the Tahsildar / respondent, dated 27.01.2026, to measure the land in Survey No.194/1 of Karambayam Village and to find out as to whether there is any encroachment by the petitioner herein are under challenge in this writ petition, stating that already the issue with regard to the subject property was a subject matter of consideration in the suit in O.S.No.6 of 2023, on the file of the District Munsif Court, Pattukottai and a Lok Adalat award has been passed on 09.03.2024 in the

said suit in favour of the petitioner herein. Therefore, the impugned proceedings of the respondent herein need to be quashed.

4. Learned Additional Government Pleader appearing for the respondent submits that the in the suit referred by the petitioner herein, wherein a Lok Adalat award has been passed, the Revenue Department is not a party respondent. That apart, the impugned proceedings is only to measure the field and to find out as to whether there is any encroachment and if there is any encroachment, due process of law will be followed for removal of the same. Therefore, the apprehension of the petitioner herein that the respondent will remove the encroachment is unwarranted. Further, the survey of the filed has been rescheduled to 10.02.2026.

5. This Court, after reading the language used in the impugned proceedings dated 27.01.2026, finds that a survey is proposed to be undertaken on 30.01.2026 for which certain officers have been appointed by the Tahsildar and it is only to enable them to identify the encroachment and not to remove the same. The survey has also been rescheduled to 10.02.2026. Therefore, we make it clear that only a survey is to be done on the rescheduled

date and if any encroachment is identified and if the same is to be removed, necessary procedures, as contemplated under law, are to be followed separately.

6. With the above observation, this writ petition is disposed of. No costs.

[G.J., J.] [K.K.R.K., J.] 09.02.2026 NCC :

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The Thasildhar, Pattukkottai Taluk Office, Thanjavur District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk 09.02.2026