G.Sambasivam v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI G.Sambasivam ..Petitioner Vs
1. The Tahsildar, Thirukazhukundram Taluk, Chengalpattu District.
2. The Taluk Head Surveyor, Thirukazhukundram, Chengalpattu District.
3. The Deputy Superintendent of Police, Mamalapuram, Thirukazhukundram Taluk, Chengalpattu District.
4. Inspector of Police, Thirukazhukundram Taluk, Chengalpattu District.
..Respondent(s) Writ Petition filed under Article 226 of Constitution of India seeking issuance of a Writ of Mandamus directing the 2nd respondent to survey the land and necessary police protection in pursuant to letter of 1st respondent in his proceedings in Na.Ka.No.02/2026/A1, dated 23.02.2026 to survey the agriculture land properties in punja survey No.47/2, New Survey No.47/2B for an extent of Hectares 1.09.5 Ares (or) Acre 2.70 cents and in punja survey No.47/4B, new survey No.47/4B1 for an extent of Hectares 0.20.5 Ares (or) Acre 0.50 cents, totally Acre 3.20 Cents situated at No.80-Attavattam Group, Irumbulichery Panchayat limit, Thirukazhukundram Taluk, Chengalpattu District.
For Petitioner :
Mr.A.Ramalingam For Respondents :
Mr.M.Murali, Government Advocate for R1 and R2 Mr.S.Sugendran Additional Public Prosecutor for R3 and R4
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 scrutinize 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 SRM
To
1. The Tahsildar, Thirukazhukundram Taluk, Chengalpattu District.
2. The Taluk Head Surveyor, Thirukazhukundram, Chengalpattu District.
3. The Deputy Superintendent of Police, Mamalapuram, Thirukazhukundram Taluk, Chengalpattu District.
4. Inspector of Police, Thirukazhukundram Taluk, Chengalpattu District.
L.VICTORIA GOWRI, J.
SRM 13-05-2026