K.Baskaran v. The Tashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) No.17901 of 2025 K.Baskaran Rep. through his Power of Attorney Kalaiselvam ... Petitioner Vs.

1.The Tashildar, The Taluk Office, Sivagangai, Sivagangai District.

2.The Head Surveyor, The Taluk Office, Sivagangai, Sivagangai District.

3.Revathi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first and second respondents herein not to survey the property in Survey Nos.141/4D, 141/4E, 141/2A, 143/5, 143/6A, 143/6C2, 144/3 in Old Patta No.3106, Survey Nos. 143/7B, 143/7D in Patta No. 3106, Survey Nos.143/7B, 143/7D in Patta No.3094 and Survey Nos.143/1, 145/95 in Patta No. 3097 Page No. 1 of 5

in Madhagupatti Village, Sivagangai Taluk and restraining the third respondent from taking possession of the properties mentioned above from the petitioner under the guise of surveying the land till the disposal of the suit in O.S.No. 151 of 2025 before the Principal District Court, Sivagangai.

For Petitioner : M/s.A.Lakshmi for M/s.Polax Legal Solutions For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : M/s.R.Jeya Revathy

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first and second respondents not to conduct survey in respect of the properties comprised in Survey Nos.141/4D, 141/4E, 141/2A, 143/5, 143/6A, 143/6C2 and 144/3 in Old Patta No.3106, Survey Nos.143/7B and 143/7D in Patta No.3106, Survey Nos.143/7B and 143/7D in Patta No.3094, and Survey Nos.143/1 and 145/95 in Patta No.3097, situated at Madhagupatti Village, Sivagangai Taluk and consequently restraining the third respondent from taking possession of the said properties from the petitioner under the guise of survey, till the disposal of the suit in O.S.No.151 of 2025 on the file of the Principal District Court, Sivagangai.

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2. The case of the petitioner is that though a suit in respect of the subject properties is pending in O.S.No.151 of 2025 on the file of the Principal District Court, Sivagangai, the revenue authorities have proceeded to survey the said land.

3. It is not in dispute that O.S.No.151 of 2025, filed seeking declaration of title and to declare the sale deeds as null and void, is pending adjudication before the Principal District Court, Sivagangai.

4. This Court has also taken note of the said fact while granting interim stay on 21.08.2025 restraining the revenue officials from conducting the survey.

5. Since the issue is pending before the Civil Court, any survey can be conducted only depending upon the outcome of the civil proceedings, or on an application made by the interested parties before the Civil Court. Therefore, any such survey shall be subject to the orders and jurisdiction of the Civil Court.

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6. With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. [K.SURENDER, J.] 12.02.2026 JEN Index : Yes / No To 1.The Tashildar, The Taluk Office, Sivagangai, Sivagangai District.

2.The Head Surveyor, The Taluk Office, Sivagangai, Sivagangai District.

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K.SURENDER , J.

JEN 12.02.2026 Page No. 5 of 5