Nallapichan Alias Manikandan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Nallapichan alias Manikandan ... Petitioner Vs.

1.The Tahsildar, Madurai East Taluk, 2.The Head Surveyor, Adupanoor, Keelakalanthiri, 3.The Firka Surveyor, Adpanoor, Keelakalanthiri, 4.Nirmala ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus forbearing the first to third respondents from conducting survey of the properties in S.Nos.81/3A2 and 81/3A3, Neer Mangulam 1, Madurai East Taluk, Madurai District by considering the petitioner's objection petition dated 17.02.2026 and to conduct enquiry as per the order made in W.P.(MD) No.27640 of 2025 dated 07.10.2025 within stipulated time framed by this Court. Page No. 1 of 6

For Petitioner : Mr.K.Dinesh For R1 to R3 : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus forbearing the first to third respondents from conducting a survey of the properties in S.Nos.81/3A2 and 81/3A3, situated at Neer Mangulam-I, Madurai East Taluk, Madurai District, without considering the petitioner's objection petition dated 17.02.2026, and consequently directing them to conduct an enquiry in terms of the order passed in W.P. (MD) No.27640 of 2025 dated 07.10.2025, within a time frame to be fixed by this Court.

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 fourth respondent, as no adverse orders are proposed to be passed against her.

3. The grievance of the petitioner is that one Rajendran, who is the Power Agent of the purchasers of the properties belonging to the Page No. 2 of 6

petitioner's other family members, created fabricated records and prepared a layout including the petitioner's property and sold the same to third parties. The fourth respondent, who is one of the purchasers, had created issues with the petitioner and obtained patta in her favour. The application filed by the petitioner for cancellation of the said patta is still pending. Meanwhile, the fourth respondent made an application for survey and also filed a Writ Petition in W.P.(MD) No.27640 of 2025. This Court, by order dated 07.10.2025 passed in the said Writ Petition, specifically directed the Tahsildar to conduct an enquiry and issue notice to all the relevant adjacent landowners, including the objector, namely, the petitioner herein. However, till date, no enquiry has been conducted. Though the petitioner filed an objection petition, the same has not been considered and the survey is now proposed to be conducted. Therefore, the petitioner has been constrained to file the present Writ Petition.

4. The learned Additional Government Pleader appearing for the first to third respondents, on instructions, would submit that initially an enquiry would be conducted, the objections of the petitioner would be taken into consideration and thereafter, the survey would be conducted. Page No. 3 of 6

5. 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 consider the petitioner's objection petition, conduct an enquiry and pass appropriate orders. Only thereafter, the survey shall be conducted by the first to third respondents, as undertaken by the learned Additional Government Pleader appearing for the first to third respondents. It is made clear that the first respondent shall provide a reasonable opportunity of hearing to the petitioner, the fourth respondent and any other interested parties who may be affected by such decision, before passing any order. There shall be no order as to costs. [K.SURENDER, J.] 20.02.2026 JEN Index : Yes / No To 1.The Tahsildar, Madurai East Taluk, 2.The Head Surveyor, Adupanoor, Keelakalanthiri, Page No. 4 of 6

3.The Firka Surveyor, Adpanoor, Keelakalanthiri, Page No. 5 of 6

K.SURENDER , J.

JEN 20.02.2026 Page No. 6 of 6