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Madras High CourtWP(MD)/3837/2026disposed of

K.Dhilip Kumar v. The Tahsildar

2026-02-11Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.SURENDER W.P.(MD)No.3837 of 2026 and W.M.P.(MD).Nos.3152 and 3153 of 2026 K.Dhilip Kumar ... Petitioner Vs 1.The Tahsildar, Thuraiyur Taluk, Tiruchirappalli District.

2.The Firka Surveyor, Thuraiyur Taluk, Tiruchirappalli District.

3.Raju ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Survey Notice issued by the second respondent dated Nil and further directing the respondents to issue notice to the original owner of the property.

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For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.D.Sadiq Raja (for R1 & R2) Additional Government Pleader

O R D E R

This Writ Petition is filed to quash the impugned Survey Notice issued by the second respondent dated Nil and to direct the respondents to issue notice to the original owner of the property.

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 for the petitioner submits that the impugned notice was issued by the second respondent proposing to conduct a survey of the land in Survey No.482/15B, situated at Thalugai 2/6

Village, Thuraiyur Taluk, Tiruchirappalli District, fixing the date as 11.02.2026 and that the second respondent, without issuing notice to the original owner, has issued the survey notice and has no authority to adjudicate upon the title to the property.

5. In response, the learned Additional Government Pleader, appearing on behalf of respondents 1 and 2, submitted that if the petitioner raises such objections, they will be considered, and thereafter, the competent authority will pass orders on merits and in accordance with the law.

6. Recording the aforesaid submissions, this writ petition stands disposed of by directing the second respondent/Firka Surveyor to consider the petitioner's objections, if third respondent is in possession of the property and to pass appropriate orders on merits and in accordance with law within a period of fourteen (14) weeks from the date of receipt of a copy of this order. The application shall be considered and disposed of after conducting an enquiry. The second respondent is directed to provide reasonable opportunity during such enquiry to the petitioner and also to the third respondent, who may be affected by such 3/6

decision. In the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court. There shall be no order as to costs. Consequently, the connected writ miscellaneous petitions are closed.

(K.SURENDER, J.) 11.02.2026 vsg Index: Yes/No Internet: Yes/No 4/6

To 1.The Tahsildar, Thuraiyur Taluk, Tiruchirappalli District.

2.The Firka Surveyor, Thuraiyur Taluk, Tiruchirappalli District.

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K.SURENDER, J.

vsg W.P (MD) No.3837 of 2026 11.02.2026 6/6