Malaisamy.A v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and WMP (MD) Nos.14130 and 14131 of 2023 A.Malaisamy ... Petitioner(s) Vs.

1. The District Revenue Officer, Collectorate, Madurai District, Madurai District.

2. The Tahsildar, Madurai East Taluk Office, Y.Narasingam Post, Madurai District.

3. The Surveyor, Madurai East Taluk Office, Y.Narasingam Post, Madurai District.

4. The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai Post, Madurai District.

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5.P.Aandisamy 6.A.Selvakumar ... Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned notice issued by the 2nd Respondent dated 05.06.2023 and consequently forbearing the Respondent 2 and 3 from survey in the lands in respect of New S.No.397/3E2, 397/4, 397/7, 398/3,4,5,6, 398/10A, 398/16A, 16B, 394/8, 399/3, 399/5B, 397/3C, 409/2, 375/1C1A as mentioned in the survey Notice issued by the 2nd Respondent dated 05.06.2023 till the disposal of the Civil Suits A.S.No. 92/2019 on the file of the Principle District Court Madurai and O.S.No. 162/2021 on the file of the Principle District Court Madurai. For Petitioner : Mr. M.Saravanakumar For Respondents :Mr.D.Sadiq Raja Addl. Government Pleader for R1 to R3 Mr.S.Prakash Government Advocate (Crl. side) for R4 M/s.V.Kishore Kumar for R5 & R6

O R D E R

This writ petition has been filed challenging the survey notice dated 05.06.2023, issued by the second respondent.

2. Heard the learned counsel for the parties. 2/6

3. The writ petitioner is aggrieved by the notice issued by the second respondent/Tahsildar for the purpose of conducting a survey. The said survey was sought to be conducted pursuant to the orders of this Court. Once the orders have been passed by this Court to conduct a survey based on the representation of a party, the authorities are dutybound to carry out such a survey. If the petitioner has any grievance regarding the survey, the same can be raised before the concerned authority.

4. Therefore, I am not inclined to interfere with the impugned notice issued by the second respondent. However, the petitioner may raise all objections before the competent authority, who shall consider the objections, including those related to the pending civil suits between the petitioner and respondents 5 and 6. The objections shall be recorded and they shall form part of the record while considering the representation. Thereafter, the second respondent shall pass appropriate orders on merits and in accordance with the Patta Pass Book Act, 1983.

5. With the above observations and direction, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous 3/6

petitions are closed.

(K.SURENDER, J) 07.01.2026 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN 4/6

To

1. The District Revenue Officer, Collectorate, Madurai District, Madurai District.

2. The Tahsildar, Madurai East Taluk Office, Y.Narasingam Post, Madurai District.

3. The Surveyor, Madurai East Taluk Office, Y.Narasingam Post, Madurai District.

4. The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai Post, Madurai District.

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K.SURENDER, J.

PKN 07.01.2026 6/6