Uthirapathi v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) No.4202 of 2026 Uthirapathi ... Petitioner Vs.

1.The Thasildar, Pattukottai Taluk, Thanjavur District.

2.The Head Surveyor, Pattukottai Taluk, Thanjavur District.

3.The Inspector of Police, Taluk Police Station, Pattukottai, Thanjavur.

4.Balasubramanian ... 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 the survey in respect of the ancestral property of the petitioner in Survey No.199/4 to an extent of 30 cents and in Survey No.199/8 to an extent of 93 cents at Thuvarangurichi Vadapathi Village in Pattukottai Taluk in Thanjavur District. Page No. 1 of 5

For Petitioner : Mr.P.Banuprasath For R1 & R2 : Mr.S.Kameswaran Government Advocate For R3 : Mr.S.Prakash Government Advocate (Crl. Side)

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 in respect of the petitioner's ancestral property comprised in Survey No.199/4, measuring an extent of 30 cents and in Survey No. 199/8, measuring an extent of 93 cents, situated at Thuvarangurichi Vadapathi Village, Pattukottai Taluk, Thanjavur District.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. This Court, by order dated 02.01.2026 in W.P.(MD) No.36666 of 2025 filed by the fourth respondent herein, directed the first respondent herein to conduct a survey and pass appropriate orders on the application dated 27.10.2025. Though the present petitioner was not arrayed as a respondent in the said Writ Petition, a direction was issued to decide the Page No. 2 of 5

issue on merits. Now, the petitioner has filed the present Writ Petition seeking a direction to forbear the respondents from conducting the survey.

4. Once an application is made by a party, on payment of the requisite fee, seeking conduct of survey, it is for the authorities concerned to enquire into and dispose of the said application in accordance with law. On that basis, the earlier Writ Petition was disposed of with a direction as stated supra. However, in the said order dated 02.01.2026, the first respondent was directed to consider the claims of all interested parties by issuing notice to them. Therefore, an enquiry would be conducted. The petitioner is at liberty to raise his objections in the said enquiry. The first respondent shall consider the petitioner's objections.

5. With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. [K.SURENDER, J.] 24.02.2026 JEN Index : Yes / No Page No. 3 of 5

To 1.The Thasildar, Pattukottai Taluk, Thanjavur District.

2.The Head Surveyor, Pattukottai Taluk, Thanjavur District.

3.The Inspector of Police, Taluk Police Station, Pattukottai, Thanjavur.

Page No. 4 of 5

K.SURENDER , J.

JEN 24.02.2026 Page No. 5 of 5