Deivegan v. The Tahsidlar

Order This writ petition has been filed seeking to direct the 1st respondent to consider the objection statement dated 30.07.2026 given by the petitioner as per the orders passed in WP No 48979 / 2025 and decide the application submitted by the 3rd respondent for sub division of property in S. No 49/2, 49/3 at Odiyanthal Village, Vanapuram Taluk, Kallakurichi District.

2.Learned counsel for the petitioner would submit that the 3rd respondent obtained order from this Court to survey the property comprised in S. No 49/2, 49/3 at Odiyanthal Village, Vanapuram Taluk, Kallakurichi District vide order dated 02.01.2026 in W.P.No.48979 of 2025. In paragraph No.4(a) of the said order, this Court directed the official respondents to issue notice to the neighbouring land owners and also to any other party, whom they deem fit to enquire. The petitioner herein has also made an objection statement dated

30.07.2026 for surveying the subject property. However, the official respondents are proceeding to conduct survey without issuing notice to the petitioner.

3.Learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the respondents 1 and 2 will issue proper notice to the petitioner and other neighbouring land owners. Page3 of 5

4.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 and 2.

5.Considering the submissions made by both parties, and in view of the limited prayer sought for in this writ petition, this Court directs the official respondents to conduct survey after issuing notice to the petitioner and other neighbouring land owners, as directed by this Court in W.P.No.48979 of 2026 dated 02.01.2026. It is made clear that if any dispute arises regarding the possession of the property, it must be resolved by filing a suit before a competent Civil Court. In the event of a title dispute, official respondents shall not take possession of the property and hand it over to any party. It is up to the parties concerned to seek recovery of possession through the due process of law.

6.With the above direction, this writ petition is disposed of. No costs. 06-08-2026 Index: Yes/No Speaking/Non-speaking order rst Page4 of 5 To

¶1The Tahsidlar, Vanapuram Taluk, Kallakurichi District.

¶2The Chief Surveyor, Vanapuram Taluk, Kallakurichi District. WPoNo.o31088oofo2026 KRISHNANoRAMASAMYoJ. rst WPoNo.o31088oofo2026 06-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Deivegan, S/o Arujuna Konar, Odiyanthal Village, Vanapuram Taluk, Kallakurichi District. ..Petitioner(s) Vs 1. The Tahsidlar, Vanapuram Taluk, Kallakurichi District. 2. The Chief Surveyor, Vanapuram Taluk, Kallakurichi District. 3. Jasentha Mari, W/o Not known Odiyanthal Village,Vanapuram Taluk, Kallakurichi District. ..Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 1st respondent to consider the objection statement dated 30.07.2026 given by the petitioner as per the orders passed in WP No 48979 / 2025 and decide the application submitted by the 3rd respondent for sub division of property in S. No 49/2, 49/3 at Odiyanthal Village, Vanapuram Taluk, Kallakurichi District. For Petitioner(s): Mr.D.Rajagopal For Respondent(s): Mr.B.Karthikeyan Additional Government Pleader For R1 & R2 Page2 of 5