P.Sudha v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and WMP (MD) Nos.27592 & 27593 of 2025 P.Sudha ... Petitioner(s) Vs.

1. The Tahsildar, Kodaikanal Taluk, Dindigul District.

2. The Firka Surveyor, Pannaikadu Firka, Kodaikanal Taluk, Dindigul District.

3. M.Shyam Sundar

4. R.Senthilkumar

5. S.Gunachandran ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to impugned Notice vide F.L.No. No. 15923/2025/L dated 27.09.2025 (also dated 24.11.2025) on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondents no.1 and 2 to relegate the parties to the Competent Civil Court without proceeding with survey of the land in Survey No. 1247/3 1/6

at Pannaikadu Village, Kodaikanal Taluk, Dindigul District. For Petitioners :Mr. R. Shankar Ganesh For Respondents :Mr.S.Kameswaran Government Advocate for R1 & R2 Mr.J.Lawrance for R3 to R5

O R D E R

The present writ petition has been filed challenging the notice issued by the second respondent for conducting a survey in Survey No. 1247/3 at Pannaikadu Village, Kodaikanal Taluk, Dindigul District.

2. Heard the learned counsel for the parties. By consent of the parties concerned, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Learned counsel for the petitioner asserts that although a civil litigation is pending before the competent civil court, without considering the same and pursuant to the application submitted by respondents 3 to 5, the second respondent has issued notice to the petitioner for a conducting survey in the land which is the subject matter of the civil suit.

2/6

4. These contentions are strongly refuted by learned counsel for respondents 3 to 5. Learned counsel claims that the revenue records stand in the name of respondents 3 to 5 and that the petitioner and her parents are cultivating tenants of the subject property. He further submits that even in the suit filed by the petitioner, she has admitted that the title belongs to the respondents, since the relief sought therein is only to restrain the respondents from removing the petitioner except by due process of law.

5. Learned Government Advocate, who accepts notice for respondents 1 and 2, submits that the first respondent would consider the petitioner's grievance and after conducting an inquiry, the survey would be conducted after providing a reasonable opportunity to all the parties concerned.

6. In view of the above submissions, this writ petition is disposed of by directing the first respondent to survey the subject land after conducting an inquiry and providing a reasonable opportunity to all parties concerned. The entire exercise shall be concluded within eight 3/6

weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. (K.SURENDER, J) 01.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN 4/6

To

1. The Tahsildar, Kodaikanal Taluk, Dindigul District.

2. The Firka Surveyor, Pannaikadu Firka, Kodaikanal Taluk, Dindigul District.

5/6

K.SURENDER, J.

PKN 01.12.2025 6/6