N.K.R.Prabhu v. The Assistant Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY N.K.R.Prabhu S/o.N.K.Ramasamy @ Kannan, 4 - A, Kambar Street, Palikadu,Gobichettipalayam - post, Erode District.

Petitioner(s) Vs

1. The Assistant Director, Land Survey and Record Department, Erode - Post and District.

2.The Tahsildar, Nambiyur Taluk Office, Nambiyur - Post, Erode District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to conduct survey to the petitioners land to an extent of 1.33.50 Hectares or 3.30 Acre sin Re- Survey No.19 /2C of Koosanam A. Village, Nambiyur Taluk, Erode District based on the representation dated 09/02/2021 and 25/02/2021 respectively. For Petitioner(s):

Mr.D.Veerasekharan For Respondent(s):

Mr.T.K.Saravanan, AGP

ORDER

This writ petition has been filed to direct the respondents to conduct survey at the petitioner's land to an extent of 1.33.50 Hectares or 3.30 Acres in Re- Survey No.19 /2C of Koosanam A. Village, Nambiyur Taluk, Erode District based on the representation dated 09.02.2021 and 25.02.2021 respectively.

2. The learned counsel for the petitioner would submit that the petitioner is in possession of the subject property and even the patta and FMB sketch, pertaining to the said property is available with the petitioner. Under these circumstances, the representations dated 09.02.2021 & 25.02.2021 were filed by the petitioner, requesting the respondent to survey the said land. However, the said representations were not at all considered by the respondents till date. Hence, this petition.

3. On the other hand, the learned counsel for the respondents would submit that due to the pendency of suit, pertaining to the subject property, the respondents are not in a position to conduct survey therein.

4. In reply, the learned counsel for the petitioner would submit that the petitioner is not aware of the pendency of suit. Further, he would contend that

pendency of suit will not be an impediment for the respondents to measure the land and lay survey stones therein. Hence, he requests this Court to pass appropriate orders.

5. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

6. In the case on hand, the representations dated 09.02.2021 & 25.02.2021 were filed by the petitioner, requesting the respondents to survey the subject land and to lay boundary stones therein. However, the said representations were not at all considered by the respondents till date due the pendency of suit.

7. As rightly contended by the petitioner, pendency of suit will not be an impediment for the respondents to conduct survey at the subject land. In such case, this Court directs the respondents to survey the subject land and lay boundary stones therein, after issuing notice to all the rival parties, within a period of 12 weeks from the date of receipt of a copy of this order.

8. It is made clear that this order is passed only for the purpose of issuing a direction to the respondents for the purpose of conducting survey and laying boundary stones at the subject land. The dispute with regard to the title over the

said property can be decided only by way of suit, which is pending before the Civil Court.

9. With the above directions, this writ petition is disposed of. No cost. 09-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Assistant Director, Land Survey and Record Department, Erode - Post and District.

2.The Tahsildar, Nambiyur Taluk Office, Nambiyur - Post, Erode District.

KRISHNAN RAMASAMY J.

nsa 09-04-2026