Citation : 2026 Latest Caselaw 408 Mad
Judgement Date : 17 February, 2026
W.P.(MD)No.27761 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :17.02.2026
CORAM
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.27761 of 2025
P. Murugan ... Petitioner(s)
Vs.
1. The District Collector,
Office of the District Collector,
Sivagangai District.
2. The Tahsildar,
K.Penthanendal Village,
Sivagangai District.
3. The Head Surveyor,
Pappakudi Group,
K.Penthanendal
Village, Kanakkankudi Post,
Sivagangai District.
4. The Village Administrative Officer,
K.Penthanendal Village,
Kanakkankudi Post, Sivagangai District.
5. Selvaraj ... Respondent(s)
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing to the 1 to 4
respondents not to take any situated at dispossessing the coercive steps
for conducting survey or petitioner and his family members from his own
property comprising in Survey No.8/2A of an extent of 1 Acres 42 Cents
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:26:30 pm )
W.P.(MD)No.27761 of 2025
K.Penthanendal Village, Kanakkankudi Post, Sivagangai District till the
disposal of the civil suit in O.S.No.47/2024 before the learned Munsif
Court, Tiruppuvanam and by considering the petitioner's representation
dated 11.09.2025.
For Petitioner :Mr.M.Shakulhameed
For Respondents :Mr.P.Subbaraj
Spl. Government Pleader for R1 to R4
No appearance for R5
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the respondents 1 to 4 not to take any coercive steps
to conduct a survey or to dispossess the petitioner and his family
members from the property comprised in Survey No. 8/2A, measuring an
extent of 1 Acre and 42 Cents, situated at K. Penthanendal Village,
Kanakkankudi Post, Sivagangai District, until disposal of the civil suit in
O.S. No. 47 of 2024 pending before the learned Munsif Court,
Tiruppuvanam and to consider the petitioner’s representation dated
11.09.2025.
2. Heard the learned counsel for the parties and perused the
materials available on record.
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3.Pursuant to the application made by the fifth respondent, the
authorities have initiated steps to survey the subject land. However,
according to learned counsel for the petitioner, since civil litigation
regarding the subject property is pending before the competent civil court
between the petitioner and the fifth respondent, the authorities ought not
to have conducted the survey.
4. Learned Special Government Pleader appearing for respondents
1 to 4 submitted that the authorities would conduct an inquiry after
issuing notice to all parties concerned and appropriate orders would be
passed based on the representation of the petitioner.
5. In view of the above submissions, without expressing any
opinion on the merits of the matter, this writ petition is disposed of with a
direction to the second respondent/Tahsildar to consider the petitioner’s
representation dated 11.09.2025 on merits and in accordance with law
and to pass appropriate orders within a period of twelve weeks from the
date of receipt of a copy of this order.
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6. The representation shall be considered and disposed of after
conducting an inquiry. The second respondent is further directed to
afford a reasonable opportunity to the petitioner, the fifth respondent and
to all other persons who may be affected by such decision during the
course of the inquiry. There shall be no order as to costs.
(K.SURENDER, J)
17.02.2026
NCC :Yes/No
Internet :Yes/No
Index :Yes/No
PKN
To
1. The District Collector,
Office of the District Collector,
Sivagangai District.
2. The Tahsildar,
K.Penthanendal Village,
Sivagangai District.
3. The Head Surveyor,
Pappakudi Group,
K.Penthanendal
Village, Kanakkankudi Post,
Sivagangai District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:26:30 pm )
4. The Village Administrative Officer, K.Penthanendal Village, Kanakkankudi Post, Sivagangai District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:26:30 pm )
K.SURENDER, J.
PKN
17.02.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 03:26:30 pm )
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