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Madras High CourtWP/19294/2026disposed of

A.Sakthipriya v. The District Collector

2026-05-13Honourable Mrs.Justice L.Victoria Gowri7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI A.Sakthipriya W/o.Arun Kumar No.130 Periya Kovil Pathu Moolakkarai, Pichan Kottagam Vedaranyam Taluk Nagapattinam District.

..Petitioner(s) Vs

1. The District collector Nagapattinam District Collectorate Office Nagapattinam 611001.

2. The District Surveyor Survey and Land Records Department Nagapattinam District - 611001.

3. The Tahsildar Vedaranyam Taluk Nagapattinam District - 614810.

4. The Sub-divisional Surveyor Vedaranyam Taluk Nagapattinam District - 614810.

..Respondent(s)

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents, particularly the 3rd and 4th respondents, to conduct survey and fix the boundaries of the petitioner's land comprised in Survey No. 62 (Sub Divisions 1A, 10B, 11, 13B2) situated at Prandhiyankarai Village and Survey No. 20 (Sub Division 5D) situated at Moolakarai Village, Vedaranyam Taluk, Nagapattinam District, based on the petitioner's application along with payment of requisite survey fees and subsequent representation dated 25.04.2026 and consequently directing the respondents to complete the survey within a time frame as may be stipulated by this Honble Court preferably during the present summer season before the commencement of irrigation in the months of June and July. For Petitioner(s):

Mr.T.Gokulakrishnan For Respondent(s):

Mr.LSM.Hasan Fizal Additional Government Pleader

ORDER

The petitioner has applied to the jurisdictional authority for conducting survey of the petition mentioned lands and for demarcation of the boundaries. Since the authority had not acted upon the petitioner's request, this writ petition came to be filed.

2. 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. 3.The Writ Petition is disposed of with the following directions:- (i) The petitioner is directed to submit his / her application in online mode. The survey authority will scrutinise if the application submitted by the petitioner is in order.

(ii) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, co-pattadars must given 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 authority, 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.

(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 authority finds objections to be having substance, then, he 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. No person shall put up fencing without getting civil Court's decree if there is objection.

(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.

13-05-2026 Index: Yes/No Speaking/Non-speaking order Uma To

1. The District collector Nagapattinam District Collectorate Office Nagapattinam 611001.

2. The District Surveyor Survey and Land Records Department Nagapattinam District - 611001.

3. The Tahsildar Vedaranyam Taluk Nagapattinam District - 614810.

4. The Sub-divisional Surveyor Vedaranyam Taluk Nagapattinam District - 614810.

L.VICTORIA GOWRI, J.

Uma 13-05-2026