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Madras High CourtWP(MD)/25157/2022disposed of

Venkata Subramanian v. The Thasildhar

2026-02-24Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and WMP (MD) No.19260 of 2022 Venkata Subramanian ... Petitioner(s) Vs.

1. The Thasildhar, Thasildhar Office, Pudukottai Town,

2. The Taluk Surveyor, Thasildhar Office, Pudukottai Town,

3. The Firka Surveyor, Kavinadu Circle, Pudukottai Town,

4. The Natham Surveyor, Kavinadu Circle, Pudukottai Town,

5. The Village Administrative Officer, Kavinadu Circle, Aatangudi Village and Post,

6. Chinnadurai

7. Subbaiah ... Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India 1/6

praying for issuance of Writ of Mandamus, forbearing the 1 to 4 Respondents to survey the property in Survey Number 45/1 and 45/13A situated at Thirumaliraya Samuthiram Village, Pudukottai District till the pendency of civil suit in O.S.No. 151 of 2022 on the file of the Honble Principal District Court, Pudukottai, based on by representation dated 28.10.2022.

For Petitioner : Mr.S.Poornachandran For Respondents :Mr.N.Ramesh Arumugam Government Advocate for R1 to R5

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus, forbearing the respondents 1 to 4 to survey the property in Survey Number 45/1 and 45/13A situated at Thirumaliraya Samuthiram Village, Pudukottai District, till the pendency of civil suit in O.S.No. 151 of 2022 on the file of the Principal District Court, Pudukottai, based on the representation dated 28.10.2022.

2. Heard the learned counsel for the parties.

3. The petitioner submitted a representation dated 28.10.2022 to respondents 1 to 4 requesting that no survey be conducted in respect of 2/6

the properties referred to above. However, at the instigation of the private respondents, the respondents 1 to 4 trying to conduct survey. Aggrieved by the same, the present writ petition has been filed.

4. The learned Government Advocate, appearing on behalf of respondents 1 to 5, submitted that the survey would be conducted on merits and in accordance with law, after recording the objections raised by the petitioner and all other interested persons in respect of the subject property.

5. Whenever a representation is made in accordance with law, it is the duty of the respondents to dispose of such representation. That being the position, the question of direction from this Court not to conduct the survey does not arise. Therefore, it is for respondents 1 to 5 to dispose of the representation made by the petitioner on merits and in accordance with law.

6. Accordingly, this writ petition stands disposed of with a direction to the first respondent/Tahsildar to conduct the survey on merits and in accordance with law and after recording the objections raised by 3/6

all parties, pass appropriate orders in compliance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. (K.SURENDER, J) 24.02.2026 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN To

1. The Thasildhar, Thasildhar Office, Pudukottai Town,

2. The Taluk Surveyor, Thasildhar Office, Pudukottai Town,

3. The Firka Surveyor, Kavinadu Circle, Pudukottai Town,

4. The Natham Surveyor, Kavinadu Circle, Pudukottai Town, 4/6

5. The Village Administrative Officer, Kavinadu Circle, Aatangudi Village and Post, 5/6

K.SURENDER, J.

PKN 24.02.2026 6/6