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Madras High CourtWP/23042/2026disposed of

A.Sathishkumar v. The Tahsildar

2026-06-18Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY A.Sathishkumar S/o.Alagesan, Door No.25/1, Krishna Garden, ATC Nagar, Gorimedu, Alagapuram Pudur, Salem District-636 016 ..Petitioner(s) Vs

1. The Tahsildar Taluk office, Omalur Taluk, Salem District.

2. The Head Surveyor Taluk office, Omalur, Salem District.

3. The Surveyor Pappampadi Village, Omalur Taluk, Salem District.

..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 3rd respondent to conduct survey the land in Survey No.4/10A1 with total extent of 0.20.80 Hectors (22,415 sq.ft) situated at Pappampadi village, Omalur TK,

Tharamangalam TK, Salem District on the basis of the petitioner's representation / online petition dated 11.04.2026 within time frame fix by this Court.

For Petitioner(s):

Ms.Amsavardhini for Mr. K.T.S.Sivakuamr For Respondent(s):

Mr. M. Guruprasad Government Counsel

ORDER

The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the 3rd respondent to conduct a survey of the land comprised in Survey No.4/10A1 based on the petitioner's representation/online application dated 11.04.2026.

2. The learned counsel for the petitioner submitted that the subject property in Survey No.4/10A1, measuring an extent of 0.20.80 Hectares (22,415 sq. ft.), was purchased jointly by the petitioner and one Karthikeyan under a registered Document No.2085 of 2026 dated 27.02.2026. Thereafter, the petitioner submitted a representation dated 11.04.2026 before the 3rd respondent seeking survey and fixation of boundaries. However, the said representation has not been considered till date. Aggrieved by such inaction on the part of the 3rd respondent, the present Writ Petition has been filed.

3. The learned Government Advocate appearing for the respondents submitted that the petitioner's application dated 11.04.2026 is under consideration. Since the property was purchased jointly by the petitioner and the said Karthikeyan, the respondents would consider the petitioner's request for survey and fixation of boundary stones upon production of a No Objection Certificate/consent from the co-owner.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

5. Considering the facts and circumstances of the case, and taking note of the limited relief sought for by the petitioner, this Court is inclined to issue appropriate directions. It is not in dispute that the petitioner purchased the subject property jointly with one Karthikeyan on 27.02.2026 and thereafter submitted an application dated 11.04.2026 seeking survey and fixation of boundaries. According to the petitioner, the co-owner has no objection to the survey being conducted.

6. In view of the above, the respondents are directed to consider the petitioner's representation dated 11.04.2026 and conduct survey of the subject property and fix boundary stones within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that in the event that any disturbance arises, the surveying authority is empowered to seek the assistance of the jurisdictional Police, and the jurisdictional Police are mandated to provide necessary police protection. In the event that the subject land under survey is in the possession of either the petitioner or any other concerned party, the recovery of possession can only be effected through the due process of law before the competent Civil Court; under no circumstances shall the respondents engage in taking over possession after completing the survey to hand it over to any party. Such exercise shall be carried out exclusively through the competent Civil Court.

7. With the above observations and directions, this Writ Petition stands dispsoed of. There shall be no order as to costs. 18-06-2026 Index: Yes/No Speaking/Non-speaking order Asi

To

1. The Tahsildar Taluk Office, Omalur Taluk, Salem District.

2. The Head Surveyor Taluk office, Omalur, Salem District.

3. The Surveyor Pappampadi Village, Omalur Taluk, Salem District.

KRISHNAN RAMASAMY, J.

Asi 18-06-2026