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Madras High CourtWP/5840/2026disposed of

R.Natarajan v. The Director Of Survey And Land Records

2026-02-17Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 6365 OF 2026 R.Natarajan, No.3A, Thazhal Street, Solai Nagar, Muthialpet, Puducherry-605 003.

Petitioner(s) Vs 1.The Director of survey and Land Records Directorate of survey and Land Records, Government of Puducherry, II Floor, Revenue Complex, Sakthi Nagar, Kamarajar Salai, Saram, Puducherry-605 013.

2.Deputy Surveyor, Directorate of Survey and Land Records, Government of Puducherry, Sakthi Nagar, Kamarajar Salai, Saram, Puducherry-605 013.

3.Saraoja alias Govindammal, D/o.Vedachalam, No.79, ECR Main Road, Chinnakalapet Puducherry-605 014.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, to call for the entire records of the impugned summon dated 19.01.2026 issued by the respondents 2 for measuring the property situated at Pillachavadi Revenue

Village comprised in survey No.151/3 on the request of some third parties and quash the same and direct the respondents 1 and 2 forthwith not to interfere with petitioner's peaceful possession.

For Petitioner(s):

Mr.P.Elayarajkumar for M/s.Ramalingam and Associates For Respondent(s):

Mr.V.Vasanthakumar, AGP(Pondy) For R1 and R2

ORDER

This writ petition has been filed challenging the impugned summon dated 19.01.2026, issued to the petitioner by the 2nd respondent. 2.The impugned summon has been issued to the petitioner for the purpose of surveying the property more fully disclosed in the prayer to this writ petition, based on the request made by the 3rd respondent. The petitioner has raised several grounds before this Court to substantiate that the survey cannot be done by the 2nd respondent since the petitioner is the owner of the subject property. 3.Mr.V.Vasanthakumar, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 and 2. He would submit that, till date the survey has not been completed. He would also submit that, since a dispute has been raised by the petitioner, the survey request made by the 3rd respondent has not been completed by the 2nd respondent. Further, on instruction, he would

submit that, only after holding a proper enquiry, the 2nd respondent will take a final decision with regard to the request made by the 3rd respondent for surveying and demarcating the boundaries of the property more fully disclosed in the prayer to this writ petition.

4.Learned counsel for the petitioner would submit that the 2nd respondent will have to consider the objection raised by the petitioner for the 3rd respondent's request and only after holding a proper enquiry, the request of the 3rd respondent for survey and demarcation of the boundaries can be entertained. 5.Necessarily the petitioner will have to participate in the enquiry to be conducted by the 2nd respondent pursuant to the impugned summon dated 19.01.2026 in order to raise all his objections, which includes the objections that have been raised before this Court along with the supporting documents. Necessarily the 2nd respondent will have to consider the same on merits and in accordance with law. While holding the enquiry, the 2nd respondent will also have to hear the contentions of the 3rd respondent as well. 6.Since no adverse orders are passed against the 3rd respondent, notice to the 3rd respondent is dispensed with by this Court in this writ petition.

7.This Court is not expressing any opinion on the merits of the respective contentions.

8.For the foregoing reasons, this Court directs the petitioner to file written objections before the 2nd respondent with regard to the request made by the 3rd respondent seeking for survey and demarcation of the boundaries for the property more fully disclosed in the prayer to this writ petition, within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the same, within the stipulated time, the 2nd respondent shall hold an enquiry by giving due consideration to the written objections submitted by the petitioner and also to the supporting documents filed by the petitioner as well as by hearing the objections of the 3rd respondent.

Only thereafter, the 2nd respondent can take a decision as to whether the request of the 3rd respondent seeking for survey and demarcation of the boundaries can be entertained or not. If the 2nd respondent takes a decision that the request of the 3rd respondent can be entertained after holding proper enquiry, the 2nd respondent shall complete the said exercise of survey and demarcation of the boundaries, within a period of twelve (12) weeks thereafter. If required, the 2nd respondent shall seek the assistance of Police from the jurisdictional police station. On the written request of the 2nd respondent, the jurisdictional Police shall render their assistance to the 2nd respondent for the effective compliance of this order.

9.With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17-02-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Director of survey and Land Records, Directorate of survey and Land Records, Government of Puducherry, II Floor, Revenue Complex, Sakthi Nagar, Kamarajar Salai, Saram, Puducherry-605 013.

2.Deputy Surveyor.

Directorate of Survey and Land Records, Government of Puducherry, Sakthi Nagar, Kamarajar Salai, Saram, Puducherry-605 013.

3.Saraoja alias Govindammal, D/o.Vedachalam, No.79, ECR Main Road, Chinnakalapet, Puducherry-605 014.

ABDUL QUDDHOSE J.

rst AND WMP NO. 6365 OF 2026 17-02-2026