M.Periyathambi v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.SURENDER M.Periyathambi ... Petitioner -vs1.The Tahsildar, Thiruvonam Taluk, Thanjavur District.
2.The Firka Surveyor, Edaiyathi Village, Thiruvonam Taluk, Thanjavur District.
3.T.Periyathambi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 not to survey the property in Survey No.53/20B, to an extent of 10 cents, situated at Edaiyathi North, Thiruvonam Taluk, Thanjavur District, by considering the petitioner's objections dated 10.12.2025 and 05.02.2026, within a stipulated period as fixed by this Court.
For Petitioner : Mr.P.Balamurugan For R1 and R2 : Mr.D.Sadiq Raja Additional Government Pleader
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 not to survey the property in Survey No.53/20B, to an extent of 10 cents, situated at Edaiyathi North, Thiruvonam Taluk, Thanjavur District, by considering the petitioner's objections dated 10.12.2025 and 05.02.2026, within a time frame to be fixed by this Court.
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 subject property is originally belonged to his father and that after his demise, the petitioner and other legal heirs are in peaceful possession and enjoyment of the same. While so, the
respondents 1 and 2 were trying to conduct survey the subject property on 24.10.2025 based on the application submitted by the third respondent on 04.06.2025. Therefore, the petitioner has submitted detailed objections dated 10.12.2025 and 05.02.2026 to the respondents 1 and 2, requesting them not to conduct survey in respect of the said land. However, without considering the petitioner's objections, the respondents are proceeding to conduct the survey, which would adversely affect the petitioner's rights. Hence, the petitioner has approached this Court for the relief stated supra.
5. The learned Additional Government Pleader appearing for the respondents 1 and 2 submits that the third respondent has already filed W.P. (MD)No.25907 of 2025 seeking to survey the subject property. This Court, by order dated 19.09.2025, disposed of the said writ petition by directing the respondents therein to act on the third respondent's application dated 04.06.2025. However, the learned Additional Government Pleader for the respondents 1 and 2 fairly submits that the petitioner's objections will be considered and appropriate orders will be passed on merits and 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 respondents 1 and 2 to consider the petitioner's objections dated 10.12.2025 and 05.02.2026 and to pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 17.02.2026 smn2 To:- 1.The Tahsildar, Thiruvonam Taluk, Thanjavur District.
2.The Firka Surveyor, Edaiyathi Village, Thiruvonam Taluk, Thanjavur District.
K.SURENDER , J.
smn2 17.02.2026