Madras High CourtWP(MD)/5662/2026disposed of

M.S.Pandiyan v. The Tahsildar

2026-03-02Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.03.2026

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY M.S.Pandiyan ... Petitioner Vs

1. The Tahsildar, Madurai East Taluk Office, Othakadai,

2. The Taluk Surveyor, Madurai East Taluk Office, Othakadai, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the Respondents to conduct survey, sub divide and issue separate Patta in respect of Survey Nos.39/5, 39/7 and 40/3 in Re. Survey number. 40/3C for an extent of 2250 Sq.feet in plot No. 199 situated at Mangalakudi Village, Madurai East Taluk, Madurai District on the basis petitioner's application dated 06.11.2025 within time frame fixed by this Court. For Petitioner : Mr.M.Palani For Respondents : M/s.S.Jeya Priya Government Advocate 1/4

O R D E R

This writ petition is filed for a Mandamus to survey the land, subdivide and issue separate patta to the petitioner in respect of Survey Nos. 39/5, 39/7 and 40/3 in Re. Survey No. 40/3C for an extent of 2250 sq.ft in plot No.199 situated at Mangalakudi Village, Madurai East Taluk,

2. The learned Government Advocate for the respondents submits that a third party is in possession of the said land.

3. But, the learned counsel for the petitioner denied third party claim and possession of the said land.

4. In view of the above submissions, the second respondent is directed to survey the land after issuing notice to the petitioner as well as the rival claimant within a period of eight (8) weeks from the date of receipt of a copy of this order. If the petitioner is having title over the property, the patta may be issued to the petitioner. 2/4

5. If any third party is in possession of the said land, survey may be conducted, but possession shall not be disturbed. It is made clear that mere survey will not entitle the petitioner to dispossess the person, who is in possession of the property.

6. With these directions, this Writ Petition is disposed of. No costs. NCS : Yes/No 02.03.2026 Index : Yes / No Internet : Yes / No apd To

1. The Tahsildar, Madurai East Taluk Office, Othakadai,

2. The Taluk Surveyor, Madurai East Taluk Office, Othakadai, 3/4

S.SRIMATHY.,J.

apd ORDER MADE IN 02.03.2026 4/4