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Madras High CourtWP(MD)/31059/2025disposed of

Meenakshisundaram v. The Tahsildar

2026-02-19Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Meenakshisundaram ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

2.The Head Surveyor, Office of the Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

3.The Inspector of Police, Thirupachethy Police Station, Sivagangai District.

4.Sappani ... 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 to survey the land in connection with old Survey No.176/1, new natham Survey No.176/6 to an extent 0.00.61 Hectares situated at Thirupachethy North Group, Thirupachety, Thiruppuvanam Taluk, Page No. 1 of 6

Sivagangai District with police protection at the time of survey the land by considering the petitioner's online Application No. 2024/N123/23/004766 dated 30.09.2024 and the petitioner's representation dated 24.10.2025 within time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.S.Prakash Government Advocate (Crl. Side) For R4 : Mr.D.Senthil *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first and second respondents to survey the land comprised in old Survey No.176/1 and new Natham Survey No.176/6, to an extent of 0.00.61 hectares, situated at Thirupachethy North Group, Thirupachethy, Thiruppuvanam Taluk, Sivagangai District, with police protection at the time of conducting the survey, by considering the petitioner's online Application No.2024/N123/23/004766 dated 30.09.2024 and the petitioner's representation dated 24.10.2025, within a time frame to be fixed by this Court.

Page No. 2 of 6

2. The learned counsel for the petitioner would submit that the subject property was allotted by the Government as an alternative site, since the petitioner's land had been acquired for the construction of a Primary Health Centre and therefore the petitioner is the owner of the said property; that Selvam, the husband of the fourth respondent, disputed the allotment and filed a suit in O.S.No.197 of 2023, which was dismissed for default on 24.07.2025; and that since no litigation is pending, the petitioner made an online application and a representation seeking survey of the subject property and demarcation of its boundaries, but the same has not been considered.

3. Per contra, the learned counsel for the fourth respondent would submit that the husband of the fourth respondent had filed a suit for declaration and permanent injunction; that unfortunately he died and therefore could not pursue the civil suit, as a result of which the suit came to be dismissed for default; and that the fourth respondent has filed an I.A. for restoration of the same, which is pending. He would therefore object to the conduct of the survey.

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4. Once an application or representation is made with regard to a survey or any other relief, it is for the officials concerned to consider the same and pass appropriate orders. In the present case, the online application was made on 30.09.2024 and a representation was also submitted on 24.10.2025. However, the same have not been disposed of. If the fourth respondent is aggrieved by the proposed survey, she is at liberty to file her objections before the officials concerned.

5. Therefore, this Court directs the first respondent to consider the petitioner's online application dated 30.09.2024 and his representation dated 24.10.2025, conduct an enquiry, consider the objections of the fourth respondent, if any and thereafter survey and demarcate the land in question and pass orders in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923, within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is needless to state that before surveying the land, notice shall be issued to the adjacent landowners and other interested parties, if any and that if required, police assistance may be taken.

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6. With the above observations, this Writ Petition is disposed of. No costs.

[K.SURENDER, J.] 19.02.2026 JEN Index : Yes / No To 1.The Tahsildar, Office of the Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

2.The Head Surveyor, Office of the Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

3.The Inspector of Police, Thirupachethy Police Station, Sivagangai District.

Page No. 5 of 6

K.SURENDER , J.

JEN 19.02.2026 Page No. 6 of 6