[Cites 1, Cited by 0]
Madras High Court
R.Karthivel vs The Thasildar on 24 February, 2026
W.P.(MD)No.5165 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.5165 of 2026
R.Karthivel ... Petitioner
-vs-
1.The Thasildar,
Nilakkottai,
Dindigul District.
2.The Head Surveyor,
Nilakkottai Taluk,
Dindigul District.
3.The Firka Surveyor,
Nilakkottai Taluk,
Dindigul District.
4.G.Deivendran ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the
objection of the petitioner before conducting the survey in respect of land in Old
S.No.3/1B, present S.F.No.3/14, situated in Kombaipatti Village, Nilakottai Taluk,
Batlagundu, Dindigul District, based on the representation of the petitioner, dated
18.02.2026.
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W.P.(MD)No.5165 of 2026
For Petitioner : Ms.R.Shunmathi Priya
For R1 to R3 : Mr.N.Ramesh Arumugam
Government Advocate
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus
directing the respondents 1 to 3 to consider the objection of the petitioner before
conducting the survey in respect of land in Old S.No.3/1B, present S.F.No.3/14,
situated in Kombaipatti Village, Nilakottai Taluk, Batlagundu, Dindigul District,
based on the representation of the petitioner, dated 18.02.2026.
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 fourth
respondent, notice to the fourth respondent is hereby dispensed with.
4. The learned counsel for the petitioner submits that the petitioner is the
lawful owner and is in possession of the subject property. The learned counsel
further submits that the petitioner plotted out the property into 12 plots and
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retained Plot No.1, to an extent of 4.22 cents, for himself, and sold the other plots.
He sold Plot No.2, to an extent of 3.48 cents, to the fourth respondent through a
registered sale deed dated 24.10.2002, vide Document No.1639/2002. The fourth
respondent attempted to put up a window and sunshade for the first floor,
encroaching upon the petitioner’s land. While so, the fourth respondent filed W.P.
(MD)No.35756 of 2025 seeking a direction to survey the subject land. The
petitioner filed his objection on 18.02.2026 stating that a survey cannot be
conducted when there is a title dispute and an issue of encroachment, which
require adjudication by a competent Civil Court. However, the respondents 1 to 3
have not considered the petitioner’s objection and are proceeding with the survey.
Hence, the present writ petition.
5. The learned Government Advocate appearing for the respondents 1 to 3
submits that the petitioner’s representation / objection will be considered and
appropriate orders will be passed before proceeding with any survey, on merits
and in accordance with law.
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6. Recording the aforesaid 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 to 3 to consider the petitioner’s representation / objection dated
18.02.2026 and pass appropriate orders before proceeding with any survey, on
merits and in accordance with law, as expeditiously as possible, preferably, within
a period of twelve weeks from the date of receipt of a copy of this order. The
respondents 1 to 3 are directed to afford a reasonable opportunity of hearing to
the petitioner, the fourth respondent and any other persons, who may be affected
by such decision. Needless to state that, in the event of any rival claims, the
parties are at liberty to work out their remedies before the competent Civil Court.
There shall be no order as to costs.
NCC : Yes / No (K.SURENDER, J.)
Index : Yes / No 24.02.2026
smn2
Note:- Issue order copy on 24.02.2026.
To:-
1.The Thasildar,
Nilakkottai,
Dindigul District.
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2.The Head Surveyor,
Nilakkottai Taluk,
Dindigul District.
3.The Firka Surveyor,
Nilakkottai Taluk,
Dindigul District.
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K.SURENDER, J.
smn2
24.02.2026
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