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2026 Supreme(Online)(Mad) 14378
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Surender, J
Venkata Subramanian – Appellant
Versus
The Thasildhar, Thasildhar Office, Pudukottai Town, Pudukottai District. – Respondent
WMP (MD) No.19260 of 2022
For the Appellants/Petitioners: Mr.S.Poornachandran
For the Respondents: Mr.N.Ramesh Arumugam
The court affirmed the duty of administrative respondents to address representations lawfully while conducting property surveys per statutory guidelines.
Headnote:This writ petition concerns the issuance of a Writ of Mandamus to restrain certain respondents from surveying specific property in Survey Number 45/1 and 45/13A until the completion of a civil suit (O.S. No. 151 of 2022). The court determined that respondents must conduct the survey in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923. The petition was disposed of with a directive to the first respondent/Tahsildar to carry out the survey based on existing representations and objections.
| Table of Content |
|---|
| 1. issuance of writ of mandamus pertaining to property survey. (Para 1 , 3) |
| 2. obligations of respondents in response to representations. (Para 2 , 4) |
| 3. the court affirming the legal process for survey conduct. (Para 5) |
| 4. final directive regarding survey execution. (Para 6) |
7. Subbaiah ... Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the 1 to 4 Respondents to survey the property in Survey Number 45/1 and 45/13A situated at Thirumaliraya Samuthiram Village, Pudukottai District till the pendency of civil suit in O.S.No. 151 of 2022 on the file of the Honble Principal District Court, Pudukottai, based on by representation dated
28.10.2022.
For Petitioner : Mr.S.Poornachandran For Respondents :Mr.N.Ramesh Arumugam Government Advocate for R1 to R5
O R D E R
This writ petition has been filed for the issuance of a Writ of Mandamus, forbearing the respondents 1 to 4 to survey the property in Survey Number 45/1 and 45/13A situated at Thirumaliraya Samuthiram Village, Pudukottai District, till the pendency of civil suit in O.S.No. 151 of 2022 on the file of the Principal District Court, Pudukottai, based on the representation dated 28.10.2022.
2. Heard the learned counsel for the parties.
3. The petitioner submitted a representation dated 28.10.2022 to respondents 1 to 4 requesting that no survey be conducted in respect of the properties referred to above. However, at the instigation of the private respondents, the respondents 1 to 4 trying to conduct survey. Aggrieved by the same, the present writ petition has been filed.
4. The learned Government Advocate, appearing on behalf of respondents 1 to 5, submitted that the survey would be conducted on merits and in accordance with law, after recording the objections raised by the petitioner and all other interested persons in respect of the subject property.
5. Whenever a representation is made in accordance with law, it is the duty of the respondents to dispose of such representation. That being the position, the question of direction from this Court not to conduct the survey does not arise. Therefore, it is for respondents 1 to 5 to dispose of the representation made by the petitioner on merits and in accordance with law.
6. Accordingly, this writ petition stands disposed of with a direction to the first respondent/Tahsildar to conduct the survey on merits and in accordance with law and after recording the objections raised by all parties, pass appropriate orders in compliance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923, within a period of twelve weeks from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petition is closed.
