M.Manikam v. The Tahsildar

ORDER This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus, to quash the impugned notice of the second respondent, dated 04.02.2026, and consequently, to direct the respondents 1 and 2 to relegate the parties to the competent Civil Court without proceeding with survey of the land in Survey No.891/2B at Veerapandi Village, Aundipatti Taluk, Theni District.

¶2By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

¶3Since no adverse orders are going to be passed against the third respondent, notice to the third respondent is hereby dispensed with.

4.The learned counsel for the petitioner submits that the subject property originally belonged to the petitioner's father and, upon his demise, the subject property was devolved upon his legal heirs. While so, the third respondent, without any parent document or title deed and without establishing any manner of right over the subject property, has made an application seeking survey of the property. Pursuant to the said application submitted by the third respondent, the second respondent issued the present impugned notice.

¶5The learned Additional Government Pleader appearing for the respondents 1 and 2 submits that, pursuant to the application made by the third respondent, notice was issued to the concerned parties. It is further submitted that the petitioner was afforded an opportunity to submit his objections and that he has, in fact, submitted a representation dated 07.02.2026. The said representation/objection of the petitioner will be duly considered, and appropriate orders will be passed on merits and in accordance with law.

¶6Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the respondents 1 and 2 to consider the petitioner's representation / objections dated

07.02.2026 and to pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

23.02.2026 smn2 To:-

1.The Tasildhar, Theni Taluk, Theni District.

2.The Firka Surveyor, Theni Firka, Theni Taluk, Theni District. K.SURENDER

, J.

smn2

23.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2026 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)Nos.4041 & 4042 of 2026 M.Manikam ... Petitioner -vs- 1.The Tasildhar, Theni Taluk, Theni District. 2.The Firka Surveyor, Theni Firka, Theni Taluk, Theni District. 3.Muthukaamu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to impugned Notice vide 2025/0123/25/006575, dated 04.02.2026, on the file of the second respondent and quash the same as illegal and consequently, direct the respondents 1 and 2 to relegate the parties to the competent Civil Court without proceeding with survey of the land in Survey No.891/2B at Veerapandi Village, Aundipatti Taluk, Theni District. For Petitioner : Mr.R.Shankar Ganesh For R1 and R2 : Mr.D.Sadiq Raja Additional Government Pleader