M.M.Somasundaram Vs the Tahsildar — Writ and Judicial Review | Madras HC (2026)

M.M.Somasundaram Vs the Tahsildar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the Tahsildar, Bhavani Taluk to (a) issue notice to neighbouring land owners and other parties deemed fit before survey, (b) conduct survey and demarcate the boundaries of the property (Survey Nos. 591/A and 591/B, New Survey No. 1058/1B1A, Kavundapadi Village) on merits and in accordance with law within 12 weeks of receipt of the order, and (c) avail police assistance from the jurisdictional police if needed; no costs.

Issue for consideration

Whether the respondent (Tahsildar, Bhavani Taluk) should be directed to survey and sub-divide the property disclosed in the prayer, based on the petitioner's online application dated 17.06.2025, so as to enable issue of separate patta.

Court's answer

No prejudice would be caused to the respondent if the petitioner's representation is considered on merits and in accordance with law after hearing objections, and the writ petition was accordingly disposed of with directions.

Ratio / Principle

Before surveying the land in question, the respondent is directed to issue notice to the neighbouring land owners and also to any other party whom the respondent deems fit to enquire.

Key takeaways

After receiving and considering objections, the respondent shall conduct survey and demarcate the boundaries of the property on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of the order.ratio¶30
If any need arises, the respondent is permitted to submit a petition for police assistance, and upon receipt of such request the concerned jurisdictional police shall render necessary police assistance for conducting the survey and demarcation.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose, J.), WP No. 12819 of 2026, decided 09-04-2026. The petitioner sought a writ of Mandamus under Article 226 of the Constitution of India directing the Tahsildar, Bhavani Taluk (Erode District) to survey and sub-divide land in Survey Nos. 591/A and 591/B (New Survey No. 1058/1B1A), Kavundapadi Village, and issue separate patta pursuant to his online application No. 2025/0105/10/376281 dated 17.06.2025, which had remained unconsidered. Holding that no prejudice would be caused to the respondent by considering the representation on merits and in accordance with law, the Court disposed of the petition with directions: (a) notice to be issued to neighbouring land owners and any other party deemed fit before survey; (b) survey and demarcation of boundaries on merits within 12 weeks from receipt of a copy of the order; (c) jurisdictional police to render assistance upon request. No costs.

WP No. 12819 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE WP No. 12819 of 2026

M.M.Somasundaram S/o.(Late) Masa Gounder No.2A, Maniyankattur, Kavundapadi Village Bhavani Taluk, Erode District.

..Petitioner(s)

Vs

The Tahsildar Bhavani Taluk, Bhavani Erode District.

..Respondent(s)

Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the respondent to do survey and make sub division of the land situated in Survey No.591/A and 591 B (New Survey No.1058/1B1A) situated at Kavundapadi Village, Bhavani Taluk, Erode district so as to issue separate patta in pursuance to the petitioner’s online application No. 2025/ 0105/ 10/ 376281 dated 17.06.2025 and pass orders.

For Petitioner(s): Mr.C.Munusamy For Respondent(s): Mr.R.P.Murugan Raja Govt.Advocate For Respondent

ORDER

This writ petition has been filed seeking for a direction to the

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WP No. 12819 of 2026

respondent to survey and sub-divide the property, more fully disclosed in the prayer to the writ petition, based on petitioner’s on-line application dated 17.06.2025, within a time frame to be fixed by this Court.

The petitioner had submitted a representation dated 17.06.2025 seeking

for survey and sub-division of the property morefully described in the prayer to this writ petition. Since the said representation has not been considered till date, the petitioner has filed this writ petition.

Mr.R.P.Murugan Raja, learned Government Advocate, accepts notice on behalf of the respondent.

No prejudice will be caused to the respondent, if the aforesaid representation of the petitioner is considered, on merits and in accordance with law, after hearing objections if any from the neighbouring land owners as well as any other party whom the respondent deems fit to enquire. Accordingly, this writ petition is disposed of in the following manner:-

(a) Before surveying the land in question, the respondent

is directed to issue notice to the neighbouring land owners,

and also to any other party, whom the respondent deems fit to enquire.

(b) After receiving objections if any and after considering

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WP No. 12819 of 2026

the same, the respondent shall conduct survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

(c) If any need arises, the respondent is permitted to submit a petition for police assistance, and upon receipt of such request, the concerned jurisdictional police shall render necessary police assistance for conducting survey and demarcation of the subject property.

No Costs.

09-04-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

RKA

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WP No. 12819 of 2026

ABDUL QUDDHOSE, J.

RKA

To The Tahsildar Bhavani Taluk, Bhavani Erode District.

WP No. 12819 of 2026

09-04-2026

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