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Madras High CourtWP/17610/2026disposed of

Kaviyarasan v. District Collector

2026-05-20Honourable Mr Justice G. R. Swaminathan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE Mr. JUSTICE G. R. SWAMINATHAN Kaviyarasan S/o.Kannadhasan No.12/5 Dr.Ambedkar Nagar Valavanur Village, Viluppuram Taluk Villupuram District 606502 ..Petitioner(s) Vs

1. District Collector District Collectorate, Villupuram

2. Revenue Tahsildar Tahsildar Office, Villupuram Taluk Villupuram District 605602

3. Taluk Land Survey And Land Records Division Villupuram Taluk Villupuram District 605602

4. Village Administrative Office Valavanu Village Villupuram Taluk Villupuram District 605602

5. Viji S/o.Kaliamurthy No.11, Dr. Ambedkar Street Valavanur, Villupuram Taluk Villupuram District 605602

6. Kalaiselvi W/o.Viji No.11, Dr. Ambedkar Street Valavanur, Villupuram Taluk Villupuram District 605602 ..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to conduct proper land survey and measurement in respect of the petitioners property situated at Villupuram taluk, Valavanur Village, comprised in Survey No.1011/1 measuring an extent of 1.7200 ares, based on the application submitted by the petitioner dated 24.02.2026 and to complete the survey work by providing necessary police protection in light of the obstruction caused by private parties. For Petitioner(s):

Mr.A.Sakthivel For Respondent(s):

Mr.M.Murali Government Advocate

ORDER

The petition mentioned property stands in the name of the petitioner, Kannadasan and Rani. Kannadasan and Rani, the petitioner's parents said to have been executed a Release Deed dated 21.01.2026, in favour of the petitioner in document No.332 of 2026. According to the petitioner, he thus became the absolute owner of the property and he wants the survey to be conducted. 2.The petitioner has applied to the jurisdictional authorities for conducting survey of the petition mentioned land and for demarcation of the boundaries. Since the authorities have not acted upon the petitioner's request, this writ petition came to be filed.

3.This writ petition is disposed of at the admission stage itself. It is open to any aggrieved party to move this Court either by way of review or recall of

this order, if there is any suppression of material facts by the petitioner. 4.The Writ Petition is disposed of with the following directions:- (I) The petitioner is directed to submit his application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioner is in order. Patta need not be in the name of the applicant. If patta is in the name of the vendor and mutation has not been effected, still the application can be considered. (II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his name. If he is having joint patta, co-pattadars must give their consent for conducting survey.

(III) The survey authority will issue notice to the writ petitioner as well as the adjacent land owners and also to the interested persons, if any.

(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered. (V) If according to the jurisdictional authorities, the objections are without any basis, the same shall be overruled and the objectors shall be informed accordingly. But the survey will be conducted only after a period of six weeks so that the objector can move the concerned Court for injunction. If before the proposed date of

survey, the objector is unable to obtain any injunction order, the survey can very well go on. If any suit is filed, subject to plaint being in order, it shall be numbered immediately. If any interlocutory application is filed, it shall be disposed of on merits and in accordance with law within a period of four weeks thereafter. (VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of.

(VII) If the jurisdictional authorities find objections to be having substance, then, they shall call upon the applicant to move the jurisdictional civil Court for agitating his rights. (VIII) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection.

(IX) It is made clear that at the end of the survey exercise, survey stones alone can be installed. The exercise of survey and demarcation undertaken pursuant to the direction of this Court can never result in dispossession of any party. If the petitioner wants to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioner obtains decree from the jurisdictional Civil Court.

(X) The survey authority will conclude the entire exercise one way or the other within a period of six weeks after service of notice on the interested persons.

(XI) A copy of the survey report along with sketch will be served on the parties. No costs.

20-05-2026 Index: Yes/No gya To

1. District Collector District Collectorate Villupuram.

2. Revenue Tahsildar Tahsildar Office Villupuram Taluk Villupuram District 605602.

3. Taluk Land Survey And Land Records Division Villupuram Taluk Villupuram District 605602.

4. Village Administrative Office, Valavanu Village Villupuram Taluk Villupuram District 605602.

G.R.SWAMINATHAN, J.

gya 20-05-2026