K.Poomalai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2026 CORAM :
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.No.9198 of 2026 K.Poomalai ... Petitioner Vs.
1.The District Collector, Office of Collectorate, Salem District.
2.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.
3.The Head Surveyor, Office of Tahsildar, Attur Taluk, Salem District.
4.Senthamizhselvi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned summon dated 26.12.2025 vide 2024/0105/08/548134 issued by the 2nd respondent and quash the same as Page No.1 of 6
illegal and consequently direct the 2nd respondent to conduct enquiry on the objection submitted by the petitioner dated 10.01.2026 within a time may be stipulated by this Court.
For Petitioner : Mr.A.Rajakumar For Respondents : Mr.D.Ravichander Additional Government Pleader [R1 to R3] Notice dispensed with [R4] *****
ORDER
This writ petition has been filed challenging the impugned summon, dated 26.12.2025 issued by the 2nd respondent.
2. Mr.D.Ravichander, learned Special Government Pleader, accepts notice on behalf of the respondents 1 to 3. Since no adverse order is passed against the 4th respondent in this writ petition, notice to the 4th respondent is dispensed with by this Court.
3. The grievance of the petitioner is that, despite the objections having been raised by the petitioner with regard to the survey conducted by the 2nd respondent pursuant to the request made by the 4th respondent, the said objections were not considered by the 2nd respondent. Under Page No.2 of 6
those circumstances, the petitioner has challenged the impugned summon, dated 26.12.2025. The petitioner claims to be the owner of the property, which is sought to be surveyed by the official respondents on the request made by the 4th respondent. Necessarily, the objections of the petitioner as raised in the petitioner's representation, dated 10.01.2026 has to be considered by the official respondents before conducting survey and demarcation of boundaries on the request made by the 4th respondent.
4. This Court is not expressing any opinion on the merits of the petitioner's representation, dated 10.01.2026.
5. No prejudice would be caused to the respondents, if the official respondents, before surveying and demarcating the boundaries of the subject property, hears the objections of the petitioner and thereafter, take a decision for survey and demarcation of the boundaries based on the request made by the 4th respondent.
6. For the foregoing reasons, this Writ Petition is disposed of by directing the 2nd respondent to consider the objections raised by the Page No.3 of 6
petitioner through his representation, dated 10.01.2026 with regard to the survey being conducted by the 2nd respondent, based on the request made by the 4th respondent and only after considering the same on merits and in accordance with law, the 2nd respondent shall take a decision to survey and demarcate the boundaries as requested by the 4th respondent. No costs. Consequently, the connected miscellaneous petition is closed. 03.03.2026 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The District Collector, Office of Collectorate, Salem District.
2.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.
3.The Head Surveyor, Office of Tahsildar, Attur Taluk, Salem District.
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ABDUL QUDDHOSE, J.
sp 03.03.2026 Page No.6 of 6