N.Jothibasu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) Nos.3597 & 3598 of 2026 N.Jothibasu ... Petitioner Vs.

1.The Tahsildar, Madurai East Taluk, Madurai District.

2.The Surveyor, Madurai East Taluk, Madurai District.

3.M.R.Subramaniyan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records of the impugned notice issued by the first respondent dated 11.02.2026 and quash the same as illegal.

For Petitioner : Mr.K.Chengizkhan For R1 & R2 : Mr.B.Ramanathan Additional Government Pleader Page No. 1 of 5

O R D E R

This Writ Petition has been filed seeking the issuance of a Writ of Certiorari to call for the records relating to the impugned notice issued by the first respondent dated 11.02.2026 and to quash the same as illegal.

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. The impugned notice, dated 19.08.2025, has been issued by the first respondent fixing 17.02.2026 as the date of survey, pursuant to the order passed by this Court in W.P.(MD) No.22509 of 2025, dated 19.08.2025, whereby the first and second respondents were directed to consider the petitioner's application dated 19.04.2025 for conducting a survey and to pass appropriate orders.

4. According to the petitioner, he has been in possession of the property for the past 40 years and has been carrying on various businesses therein. Earlier, the date of survey was fixed as 04.02.2026. However, due Page No. 2 of 5

to the petitioner's objection, the survey was not conducted. Thereafter, again, the impugned notice has been issued.

5. The learned Additional Government Pleader appearing for the first and second respondents would submit that the enquiry would precede the conduct of the survey in accordance with law.

6. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the first respondent to conduct an enquiry, consider the petitioner's objection, pass appropriate orders and thereafter, conduct a survey based on the application of the third respondent and the order of this Court. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. [K.SURENDER, J.] 16.02.2026 JEN Index : Yes / No Page No. 3 of 5

To 1.The Tahsildar, Madurai East Taluk, Madurai District.

2.The Surveyor, Madurai East Taluk, Madurai District.

Page No. 4 of 5

K.SURENDER , J.

JEN 16.02.2026 Page No. 5 of 5