K.Chellappa v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)Nos.3837 and 3839 of 2026 K.Chellappa ... Petitioner -vs1.The Tahsildar, Taluk Office, Usilampatti, Madurai District.

2.Sub-Inspector of Survey, Taluk Office, Usilampatti, Madurai District.

3.J.Mahalakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the to the impugned notice issued by the second respondent in 2025/0123/24/016041 dated 28.01.2026 and quash the same with consequential direction to the first and second respondents to desist from survey the property in Survey Number 52/7A1, measuring extent 46 Cents, located at Vikiramangalam Village, Usilampatti Taluk, Madurai District, pending disposal of the civil suits.

For Petitioner : Ms.V.Sundari For R1 and R2 : Mr.R.Ragavendran Government Advocate

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus, to quash the impugned notice issued by the second respondent dated 28.01.2026 and consequently, to direct the respondents 1 and 2 to desist from survey the property in Survey Number 52/7A1, measuring extent 46 Cents, located at Vikiramangalam Village, Usilampatti Taluk, Madurai District, pending disposal of the civil suits.

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 originally belonged to the petitioner's father, who executed a settlement deed in favour of the petitioner and the petitioner's brother, and that they are in peaceful possession and enjoyment of the same. While so, the respondents 1 and 2 are proposing to conduct a survey of the subject property on 19.02.2026 based on the application submitted by the third respondent. Further, civil disputes with regard to the subject property are pending. The petitioner has already submitted detailed objections dated 13.11.2025 to the first respondent, requesting him not to conduct a survey in respect of the said land. However, without considering the petitioner's objections, respondents 1 and 2 are proceeding to conduct the survey, which would adversely affect the petitioner's rights. Hence, the petitioner has approached this Court seeking the relief stated supra.

5. The learned Government Advocate appearing for the respondents 1 and 2 submits that the third respondent has already filed W.P.(MD)No.19218 of 2025 seeking to survey the subject property. This Court, by order dated 16.07.2025, disposed of the said writ petition by directing the respondents therein to act on the third respondent's online application dated 02.06.2025. However, the learned

Government Advocate 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 13.11.2025 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. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 18.02.2026 smn2 To:- 1.The Tahsildar, Taluk Office, Usilampatti, Madurai District.

2.Sub-Inspector of Survey, Taluk Office, Usilampatti, Madurai District.

K.SURENDER , J.

smn2 18.02.2026