Antony Sundar.T v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)No.5395 of 2022 T.Antony Sundar ... Petitioner -vs1.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

2.The Taluk Deputy Inspector, Radhapuram Taluk, Revenue Department, Tirunelveli District.

3.S.Mathiyarasu 4.Antony Vinnarasu ... Respondents [R4 is impleaded as per order dated 25.08.2025, made in W.M.P.(MD)No.8829 of 2022] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from conducting any survey in the land situated in Ayan Punja land in S.No.51/7A1 at Achambadu Village, Radhapuram Taluk, Tirunelveli District.

For Petitioner : Mr.H.Arumugam For R1 and R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.S.Palanivelayutham

ORDER

This writ petition has been filed seeking a Writ of Mandamus, directing the respondents 1 and 2 to refrain from conducting any survey in Ayan Punja land, S.No. 51/7A1, Achambadu Village, Radhapuram Taluk, Tirunelveli District.

2. Heard the learned counsel appearing for the parties.

3. According to the petitioner, the property in question is ancestral in nature, and any survey conducted by the respondents without due process, will prejudice the petitioner's rights and interests in the said land. The petitioner submits that the respondents are bound to act lawfully and in accordance with statutory provisions before undertaking any survey or similar action. Hence, the present Writ Petition.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 submits that the petitioner's case will be considered and appropriate orders will be passed on merits and in accordance with law after conducting an enquiry and considering the civil disputes pending.

5. Recording the above submission, and without expressing any opinion on the merits of the matter, this writ petition is disposed of with the following directions:- (i) The respondents 1 and 2 shall conduct an enquiry and pass appropriate orders on merits and in accordance with law, after considering the civil disputes pending.

(ii) The respondents 1 and 2 shall provide a reasonable opportunity of hearing to the petitioner, the respondents 3 and 4, and any other persons who may be affected by the decision.

(iii) The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 07.01.2026 smn2 To:- 1.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

2.The Taluk Deputy Inspector, Radhapuram Taluk, Revenue Department, Tirunelveli District.

K.SURENDER , J.

smn2 07.01.2026