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Madras High CourtWP/3994/2026disposed of

R.Samynathan v. The Assistant Director

2026-02-12Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

1. R.Samynathan Petitioner(s) Vs

1. The Assistant Director Survey and Land Records Office of District Collector Salem District.

2.The Tahsildar Mettur Salem District.

3.The Survey Inspector / Taluk Surveyor Office of Tahsildar Mettur Salem District.

4.The Inspector Of Police Nangavalli Police Station Salem District.

5.M.Paramasivam 6.S.Amudha Respondent(s) PRAYER Directing the 2nd and 3rd respondents to survey the land and fix the boundary stones in S.F.No. 230/5 measuring to an extent of 29.50 Ares (Patta No.1698) situated at Virudasampatti Village, Mettur Taluk, Salem District based on online application no. 2025/0123/08/014596 dated 05.12.2025 by availing the assistance of the 4th respondent.

For Petitioner(s):

S.Kousik For Respondent:

Mr. R. P. Murugan Raja, Government Advocate for R1 to R3

Mr. R.Venkatesa Perumal, learned Govt Advocate (Crl.

Side) for R4 Mr. N. Manokaran for R5 and R6

ORDER

This writ petition has been filed to direct the second and third respondents to survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition based on the petitioner's online application dated 05.12.2025.

2. The petitioner claims that he is the owner of the property morefully described in the prayer to this writ petition. He would submit that since the respondents 5 and 6 are objecting to the survey and demarcation of boundaries, the request of the petitioner for the survey and demarcation of boundaries could not be completed by the respondents 2 and 3.

3. Mr. R. P. Murugan Raja, learned Government Advocate accepts notice on behalf of the respondents 1 to 3, Mr. R.Venkatesa Perumal, learned Govt Advocate (Crl. Side) accepts notice on behalf of the respondent No.4 and Mr. N. Manokaran, learned counsel accepts notice on behalf of the respondents 5 and 6.

4. The learned counsel appearing for the respondents 5 and 6 drew the attention of this Court to an order dated 17.10.2025 passed in W.P. No.39334 of

2025, seeking for survey and demarcation of boundaries as well as for rectification of the FMB sketch for the property.

5. The petitioner and the respondents 5 and 6 in this writ petition are neighbouring land owners. They have a dispute with regard to their respective boundaries. In the writ petition filed by the respondents 5 and 6 in W.P.No.39334 of 2025, this Court by its order dated 17.10.2025 directed the official respondent to consider the request of the respondents 5 and 6 for survey and demarcation of boundaries and also for correction of FMB sketch after issuing prior notice to the respondents 5 and 6 as well as counter parties if there are any and after giving them the opportunity of personal hearing shall pass final orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of that order.

6. The grievance of the respondents 5 and 6 is that, till date, the order dated 17.10.2025 passed by this Court in W.P. No.39334 of 2025 filed by the respondents 5 and 6 is yet to be complied with. But, before complying with the same, the Tahsildhar has issued notice to the respondents 5 and 6 with regard to the request made by the petitioner in this writ petition seeking for survey and demarcation of boundaries. According to them, unless and until, the FMB sketch is rectified, the survey and demarcation of boundaries of the respective properties of the petitioner as well as the respondents 5 and 6 cannot be done.

7. This Court is not expressing any opinion on the merits of the respective contentions of the parties in this writ petition.

8. No prejudice would be caused to any of the parties if the survey and demarcation of boundaries as prayed for by the petitioner in this writ petition is considered after hearing the objections of the respondents 5 and 6 as well as the petitioner since the petitioner and the respondents 5 and 6 are neighbouring land owners.

9. The objections that have been raised by the respondents 5 and 6 before this Court in this writ petition can very well be raised before the surveying authorities viz., the respondents 2 and 3 in this writ petition. Similarly, the petitioner can also object to the contentions of the respondents 5 and 6 before the respondents 2 and 3.

10. For the foregoing reasons, this Court directs the respondents 2 and 3 to consider the objections of the respondents 5 and 6 and any other third party whom the respondents 2 and 3 deems it fit to enquire with regard to the request made by the petitioner in this writ petition for survey and demarcation of boundaries of the property morefully described in the prayer to this writ petition and only after giving due consideration to the objections which has been recorded by this Court in this order, the respondents 2 and 3 shall take a

decision to survey and demarcate the boundaries of the property morefully described in the prayer to this writ petition based on the request made by the petitioner in this writ petition through his online application dated 05.12.2025. The respondents 2 and 3 are directed to complete the aforesaid exercise within a period of twelve weeks from the date of receipt of a copy of this order. If the need arises for police assistance and on a request made by the respondents 2 and 3, the fourth respondent shall render police assistance for the effective implementation of this order.

11. Accordingly, this writ petition is disposed of. No Costs. 12-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The Assistant Director Survey and Land Records Office of District Collector Salem District.

2.The Tahsildar Mettur Salem District.

3.The Survey Inspector / Taluk Surveyor Office of Tahsildar Mettur Salem District.

4.The Inspector Of Police Nangavalli Police Station Salem District.

ABDUL QUDDHOSE J.

ab 12-02-2026