[Cites 1, Cited by 0]
Madras High Court
K.Chellappa vs The Tahsildar on 18 February, 2026
W.P.(MD)No.4570 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.4570 of 2026
and
W.M.P.(MD)Nos.3837 and 3839 of 2026
K.Chellappa ... Petitioner
-vs-
1.The Tahsildar,
Taluk Office,
Usilampatti,
Madurai District.
2.Sub-Inspector of Survey,
Taluk Office,
Usilampatti,
Madurai District.
3.J.Mahalakshmi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records relating to the to
the impugned notice issued by the second respondent in 2025/0123/24/016041
dated 28.01.2026 and quash the same with consequential direction to the first and
second respondents to desist from survey the property in Survey Number 52/7A1,
measuring extent 46 Cents, located at Vikiramangalam Village, Usilampatti Taluk,
Madurai District, pending disposal of the civil suits.
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W.P.(MD)No.4570 of 2026
For Petitioner : Ms.V.Sundari
For R1 and R2 : Mr.R.Ragavendran
Government Advocate
ORDER
This Writ Petition has been filed seeking issuance of a Writ of
Certiorarified Mandamus, to quash the impugned notice issued by the second
respondent dated 28.01.2026 and consequently, to direct the respondents 1 and 2
to desist from survey the property in Survey Number 52/7A1, measuring extent
46 Cents, located at Vikiramangalam Village, Usilampatti Taluk, Madurai
District, pending disposal of the civil suits.
2. By consent, the Writ Petition is taken up for final disposal at the
admission stage itself.
3. Since no adverse orders are going to be passed against the third
respondent, notice to the third respondent is hereby dispensed with.
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4. The learned counsel for the petitioner submits that the subject property
originally belonged to the petitioner’s father, who executed a settlement deed in
favour of the petitioner and the petitioner’s brother, and that they are in peaceful
possession and enjoyment of the same. While so, the respondents 1 and 2 are
proposing to conduct a survey of the subject property on 19.02.2026 based on the
application submitted by the third respondent. Further, civil disputes with regard
to the subject property are pending. The petitioner has already submitted detailed
objections dated 13.11.2025 to the first respondent, requesting him not to conduct
a survey in respect of the said land. However, without considering the petitioner’s
objections, respondents 1 and 2 are proceeding to conduct the survey, which
would adversely affect the petitioner’s rights. Hence, the petitioner has
approached this Court seeking the relief stated supra.
5. The learned Government Advocate appearing for the respondents 1 and 2
submits that the third respondent has already filed W.P.(MD)No.19218 of 2025
seeking to survey the subject property. This Court, by order dated 16.07.2025,
disposed of the said writ petition by directing the respondents therein to act on the
third respondent's online application dated 02.06.2025. However, the learned
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Government Advocate for the respondents 1 and 2 fairly submits that the
petitioner's objections will be considered and appropriate orders will be passed on
merits and in accordance with law.
6. Recording the above submission and without expressing any opinion on
the merits of the matter, this Writ Petition is disposed of with a direction to the
respondents 1 and 2 to consider the petitioner's objections dated 13.11.2025 and
to pass appropriate orders, on merits and in accordance with law, within a period
of twelve weeks from the date of receipt of a copy of this order. There shall be no
order as to costs. Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No (K.SURENDER, J.)
Index : Yes / No 18.02.2026
smn2
To:-
1.The Tahsildar,
Taluk Office,
Usilampatti,
Madurai District.
2.Sub-Inspector of Survey,
Taluk Office,
Usilampatti,
Madurai District.
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K.SURENDER, J.
smn2
18.02.2026
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