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W.P(MD)No.8778 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 01.04.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.8778 of 2026 and

W.M.P.(MD)No.7106 of 2026

Akila ... Petitioner

Vs

1. The Tahsildar, Pattukottai Taluk,

Tanjore District.

2. The Firka Surveyor, Pattukottai Taluk,

Tanjore District.

3. The Village Administrative Officer, Vendakottai Village,

Pattukkottai Taluk, Tanjore District. 4. Govindasamy

5. Sivakumar ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents 1 and 2 that not to survey the land in property in Sy.No.21/3 to the extent of 14.00 Ares of situated at Vendakottai Village, Pattukkottai Taluk, Tanjore District, by considering the petitioner's representation dated 03.03.2026 within a stipulated

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W.P(MD)No.8778 of 2026

period as framed by this Court.

For Petitioner : Mr.P.Balamurugan

For R-1 to R-3 : Mr.T.Amjadkhan Government Advocate

For R-4 & R-5 : Mr.V.G.Vallarasu Chezhiyan

ORDER

The present Writ Petition has been filed for the issuance of a Writ of

Mandamus, forbearing respondents 1 and 2 from surveying the land comprised in Survey No.21/3, to an extent of 14.00 Ares, situated at Vendakottai Village, Pattukkottai Taluk, Tanjore District, by considering the petitioner’s representation

dated 03.03.2026 within a stipulated period as may be fixed by this Court.

2. The petitioner claims right over the property comprised in Survey No.

21/3 through a settlement deed dated 07.01.2004, vide Document No.14 of 2004, executed by the petitioner’s grandfather, namely, Thambiyayya Vellalar. In the said settlement deed, it is stated that the petitioner’s grandfather derived title to the property based on Nila Urimai Settlement Register No.276187 in Patta No. 160. However, in the settlement deed, the survey number was wrongly mentioned

as Survey No.21/8 instead of Survey No.21/3.

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3. The contention of the petitioner is that this discrepancy came to his

knowledge only recently, when respondents 4 and 5 interfered with the petitioner’s peaceful possession and enjoyment of the property. According to the petitioner, he is in possession of the lands comprised in Survey Nos.21/3 and 21/8. However, the fourth respondent contended that he is entitled to Survey No. 21/3 and relies upon the chitta and adangal register issued for Fasli 1434, wherein Survey No.21/3 stands in the name of Govindhasami. The said Govindhasami had subsequently sold the property to the fifth respondent. Therefore, the fifth respondent sought to conduct a survey of the property. When the survey proceedings were initiated, the petitioner objected for the same. In the above circumstances, the present writ petition has been filed seeking to restrain the respondents from surveying the property. This Court is of the considered opinion

that by conducting enquiry, the rights of the parties will not be affected.

4. In view of the above, the first respondent is directed to conduct an

enquiry after issuing notice to the petitioner as well as the respondents 4 and 5. The parties shall produce all relevant documents before the authority. Thereafter, the first respondent shall consider the same and pass appropriate orders in accordance with law. It is made clear that the respondent shall issue an enquiry notice and not a survey notice. In case if the Tahsildar is unable to resolve the

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W.P(MD)No.8778 of 2026

dispute between the petitioner and respondents 4 and 5, the Tahsildar is at liberty

to direct the parties to approach the competent Civil Court for appropriate relief.

5. With the above directions, this Writ Petition is disposed of. There shall

be no order as to costs. Consequently, conn