Palaniyappan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and WMP (MD) No.23306 of 2019 Palaniyappan ... Petitioner(s) Vs.

1. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti , Madruai District.

2. The Tahsildar, Usilampatti Tk, Madruai District.

3. The Head Surveyor, Usilampatti Taluk, Madruai District.

4. P.Chellammal ... Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents 1 to 3, their men, agents, servants or any persons claiming through them, from conducting measurement and surveying process with regard to lands comprised in Re-S.Nos.234/19A1, 234/19B, to an extent of 6 1/2 cents, situated in Seemanuthu Village in Usilampatti Taluk, Madruai 1/6

Distict, by considering the representation of the petitioner dated 08.12.2019.

For Petitioner : Mr.R.Jenifar Bibin For Respondents :Mr.D.Sadiq Raja Addl. Government Pleader for R1 to R3 Mr.K.R.Laxman for R4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus, forbearing the respondents 1 to 3, their men, agents, servants or any persons claiming through them, from conducting measurement and surveying process with regard to lands comprised in Re-S.Nos. 234/19A1, 234/19B, to an extent of 6 1/2 cents, situated in Seemanuthu Village in Usilampatti Taluk, Madruai Distict, by considering the representation of the petitioner dated 08.12.2019.

2. Heard the learned counsel for the parties.

3. The petitioner submitted a representation dated 08.12.2019 to respondents 1 to 3 requesting that no survey be conducted in respect of the properties referred to above. However, notice was served on the petitioner for conducting the survey. Aggrieved by the same, the present 2/6

writ petition has been filed.

4. The learned Additional Government Pleader, appearing on behalf of respondents 1 to 3, 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 3 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 second respondent/Tahsildar to conduct the survey on merits and in accordance with law and after recording the objections raised by all parties, pass appropriate orders in compliance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923, 3/6

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) 05.01.2026 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN 4/6

To

1. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti , Madruai District.

2. The Tahsildar, Usilampatti Tk, Madruai District.

3. The Head Surveyor, Usilampatti Taluk, Madruai District.

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K.SURENDER, J.

PKN 05.01.2026 6/6