M.Muthusami v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-02-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
1. M.Muthusami Petitioner(s) Vs
1. The District Collector, Dharmapuri District,Dharmapuri.
2.The District Revenue Officer, Dharmapuri District,Dharmapuri.
3.The Revenue Divisional Officer, Pennagaram Taluk, Dharmapuri District.
4.The Tashildar, Pennagaram Taluk, Dharmapuri District.
5.The Inspector of Police, Pennagaram Police Station, Pennagaram Taluk, Dharmapuri District.
6.Alagappan, 7.Selvam, 8.Rasathi, Respondent(s) PRAYER Directing the 3rd and 4th respondent to conduct and survey of the petitioner property to put up fencing at Survey No.740 / 4 to an extent of 0.56.5 Hector situated at Achanahalli Village, Pennagaram Taluk, Dharmapuri District in application No.2025 /0123 /05/016529 dated 19/12/2025 with the help of the 5th respondent within a stipulated period in accordance with law.
For Petitioner(s):
Mr.M.Selvam For Respondent(s):
Mr. C.Jayaprakash Govt Advocate For R1 to R4 Mr.R.Venkatesa Perumal Govt Advocate(Crl.Side) For R5 R6 to R9-N D/w
ORDER
This writ petition has been filed, seeking for a direction to the third and fourth respondents to conduct survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition and also put up fencing thereafter within a time frame to be fixed by this Court.
2. The question of putting a fencing after survey and demarcation of boundaries of the property by the respondents 3 and 4 does not arise. The petitioner cannot seek such a relief in this writ petition. The only relief that can be granted by this Court is to direct the fourth respondent to survey and demarcate the boundaries of the property after hearing the objections of the respondents 6 to 9 as well as any other third party whom the fourth respondent deems it fit to enquire.
3. The petitioner had submitted an application for survey and demarcation of boundaries with the third respondent on 19.12.2025.
4. Mr. C. Jayaprakash, learned Government Advocate accepts notice on behalf of the respondents 1 to 4. Mr.R.Venkatesa Perumal, learned Govt Advocate (Crl. Side) accepts notice on behalf of the respondent No.5. Since no adverse orders are passed against the respondents 6 to 9, notice to the respondents 6 to 9 is dispensed with by this Court.
5. No prejudice would be caused to the respondents if survey and demarcation of boundaries of the property morefully described in the prayer to this writ petition is done after hearing the objections of the respondents 6 to 9 as well as any other third party whom the fourth respondent deems it fit to enquire within a time frame to be fixed by this Court.
6. This Court is not expressing any opinion on the merits of the petitioner's representation.
Accordingly, this writ petition is disposed of in the following manner:- (a) Before surveying the lands in question, the fourth respondent is directed to issue notice to the respondents 6 to 9 and any neighbouring land owners as well as any other third party, whom they deem it fit to enquire.
(b) After receiving objections if any and after
considering the same, the fourth 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 the need arises for police assistance and on a request made by the fourth respondent, the fifth respondent shall render police assistance for the effective implementation of this order.
No Costs.
03-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab
To 1.The District Collector, Dharmapuri District,Dharmapuri.
2.The District Revenue Officer, Dharmapuri District,Dharmapuri.
3.The Revenue Divisional Officer, Pennagaram Taluk, Dharmapuri District.
4.The Tashildar, Pennagaram Taluk, Dharmapuri District.
5.The Inspector of Police, Pennagaram Police Station, Pennagaram Taluk, Dharmapuri District.
ABDUL QUDDHOSE J.
ab 03-02-2026