J.Divyapriyankaa, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.05.2026
CORAM
THE HON'BLE MR JUSTICE G. R. SWAMINATHAN and W.M.P.No.22269 of 2026 1.J.Divyapriyankaa 2.J.Sahanaa Sri ..Petitioner(s) Vs
1. The District Collector First Floor, Collectorate Master Plan Complex, Jaya Nagar NH 205, Tiruthani Road, Tiruvallur, Tiruvallur District 602 001.
2. The Superintendent of Police, District Police Office, Master Plan Complex, Jaya Nagar, Thiruvallur District 602 001.
3. The Tahsildar, Gummidipoondi Taluk, Tiruvallur District 601 201.
4. The Firka Surveyor, Gummidipoondi Taluk, Thiruvallur District.
..Respondent(s) PRAYER - Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, to direct the respondents 3 and 5 to consider the petitioners' online survey application dated 22.05.2026 bearing Application No.2026/0123/01/003572 and conduct survey, measurement and demarcation of the agricultural land measuring 0.19 acres comprised in survey No.535/2A of Thervali Village, Gummidipoondi Taluk, Thiruvallur District and further direct the 2nd and 4th respondents to provide adequate police protection
for conducting such survey measurement, demarcation and for fencing the subject property so as to ensure peaceful completion of the same. For Petitioner(s):
Mr.M.Sureshkumar for Mr.P.S.Prabu For Respondent(s):
Mr.K.Sathish, Government Counsel
O R D E R
Heard both sides.
2. The petitioners have 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 petitioners' 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 petitioners.
4. The Writ Petition is disposed of with the following directions:- (I) The petitioners are directed to submit their application afresh in on-line mode. The survey authority will scrutinize if the application submitted by the petitioners 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 petitioners 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 give their consent for conducting survey.
(III) The survey authority will issue notice to the writ petitioners 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. 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 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. If the petitioners want to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioners obtain 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. WMP.No.22269 of 2026 is ordered.
29-05-2026 Index: Yes/No Speaking/Non-speaking order gsk/vkr To
1. The District Collector First Floor, Collectorate Master Plan Complex, Jaya Nagar NH 205, Tiruthani Road, Tiruvallur, Tiruvallur District 602 001.
2. The Superintendent of Police, District Police Office, Master Plan Complex, Jaya Nagar, Thiruvallur District 602 001.
3. The Tahsildar, Gummidipoondi Taluk, Tiruvallur District 601 201.
4. The Firka Surveyor, Gummidipoondi Taluk, Thiruvallur District.
G.R.SWAMINATHAN J.
gsk/vkr WP No. 20674 of 2026 and WMP.No.22269 of 2026 29.05.2026