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2026 Supreme(Online)(Mad) 5878

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE K. SURENDER
S.Ammamuthan – Appellant
Versus
The Tahsildar – Respondent



##PAGE1##

W.P.(MD) No.2373 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER

W.P.(MD) No.2373 of 2026

and

W.M.P.(MD) Nos.1931 & 1934 of 2026

S.Ammamuthan ... Petitioner

Vs.

1.The Tahsildar,

Usilampatti Taluk,

Madurai District.

2.The Revenue Inspector,

Usilampatti Taluk,

Madurai District.

3.The surveyor,

Usilampatti Taluk,

Madurai District.

4.The Inspector of Police,

Peraiyur Police Station,

Peraiyur, Madurai District.

5.The Sub-Inspector of Police,

Sedaipatti Police Station,

Madurai District.

6.Ramya

_____________

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W.P.(MD) No.2373 of 2026

7.Rathi Devi

8.Sumathi

9.K.Ramasamy Thevar

10.R.Sekar ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

for issuance of a Writ of Certiorarified Mandamus to call for the records

pertaining to impugned notice bearing Athumal No.Nil dated 22.01.2026

on the file of the second respondent and quash the same as illegal and

consequently direct the first to fifth respondents to relegate the parties to

the competent Civil Court without Proceedings with survey of the land in

Survey No.75/7A2 at Allikundam Village, Usilampatti Taluk, Madurai

District.

For Petitioner : Mr.R.Shankar Ganesh

For R1 to R3 : Mr.S.Kameswaran

Government Advocate

For R4 & R5 : Mr.S.Prakash

Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of

Certiorarified Mandamus to call for the records relating to the impugned

notice bearing Athumal No.Nil dated 22.01.2026, on the file of the second

respondent, quash the same as illegal and consequently direct the first to

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W.P.(MD) No.2373 of 2026

fifth respondents to relegate the parties to the competent Civil Court,

without proceeding further with the survey of the land comprised in

Survey No.75/7A2, situated at Allikundam Village, Usilampatti Taluk,

Madurai District.

2. With the consent of the parties, this Writ Petition is taken up for

final disposal at the admission stage itself, dispensing with the notice to

the private respondents, as no adverse orders are proposed to be passed

against them.

3. This Court, by an order dated 09.09.2025 in W.P.(MD) No.24404

of 2025, on a request made by one Ramya, the sixth respondent herein,

directed that her application for survey of the land shall be considered and

that the survey shall be conducted after putting all the parties, including

the objectors, if any, on notice.

4. The learned counsel for the petitioner would submit that there are

objections to the conduct of the survey and that the survey has been

scheduled without conducting any enquiry and without issuing notice to

the petitioner.

_____________

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##PAGE4##

W.P.(MD) No.2373 of 2026

5. The learned Government Advocate appearing for the first to third

respondents would submit that the impugned order itself constitutes the

survey notice issued to all the concerned parties, including the petitioner,

informing them of the date of the survey.

6. Since the petitioner alleges that no notice has been issued to him,

this Court is of the view that in accordance with the direction passed in

W.P.(MD) No.24404 of 2025, the petitioner shall be put on notice. His

objections shall be recorded before concluding the process of survey.

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

costs. Consequently, the connected Miscellaneous Petitions are closed.

[K.SURENDER, J.]

30.01.2026

JEN

Index : Yes / No

Neutral Citation : Yes / No

To

1.The Tahsildar,

Usilampatti Taluk,

Madurai District.

_____________

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##PAGE5##

W.P.(MD) No.2373 of 2026

2.The Revenue Inspector,

Usilampatti Taluk,

Madurai District.

3.The surveyor,

Usilampatti Taluk,

Madurai District.

4.The

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