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2026 Supreme(Online)(Mad) 18644
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER, J
Uthirapathi – Appellant
Versus
The Thasildar – Respondent
W.P.(MD) No.4202 of 2026
For the Petitioner: Mr.P.Banuprasath
For R1 & R2:Mr.S.Kameswaran Government Advocate
For R3:Mr.S.Prakash Government Advocate (Crl. Side)
Authorities must conduct inquiries into survey applications considering objections from interested parties as mandated by prior court directions.
Headnote:A writ petition was filed under Article 226 of the Constitution of India seeking a writ of Mandamus to restrain the respondents from surveying the petitioner’s ancestral property in specific survey numbers. The court allowed the petition upon confirming prior orders that mandated a survey to consider objections from all interested parties. Key findings emphasized that authorities are mandated to inquire into applications for surveys as per legal stipulations. The court, thus, ruled for immediate dismissal of the petition and directed continuation as per previous directives.
| Table of Content |
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| 1. issuance of writ to restrain survey. (Para 1 , 2) |
| 2. authority's obligation to consider applications and objections. (Para 4) |
O R D E R
This Writ Petition has been filed seeking issuance of a Writ of Mandamus forbearing the first to third respondents from conducting a survey in respect of the petitioner’s ancestral property comprised in Survey No.199/4, measuring an extent of 30 cents and in Survey No. 199/8, measuring an extent of 93 cents, situated at Thuvarangurichi Vadapathi Village, Pattukottai Taluk, Thanjavur District.
2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
3. This Court, by order dated 02.01.2026 in W.P.(MD) No.36666 of
2025 filed by the fourth respondent herein, directed the first respondent herein to conduct a survey and pass appropriate orders on the application dated 27.10.2025. Though the present petitioner was not arrayed as a respondent in the said Writ Petition, a direction was issued to decide the issue on merits. Now, the petitioner has filed the present Writ Petition seeking a direction to forbear the respondents from conducting the survey.
4. Once an application is made by a party, on payment of the requisite fee, seeking conduct of survey, it is for the authorities concerned to enquire into and dispose of the said application in accordance with law. On that basis, the earlier Writ Petition was disposed of with a direction as stated supra. However, in the said order dated 02.01.2026, the first respondent was directed to consider the claims of all interested parties by issuing notice to them. Therefore, an enquiry would be conducted. The petitioner is at liberty to raise his objections in the said enquiry. The first respondent shall consider the petitioner’s objections.
5. With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
