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Madras High CourtWP/37067/2024allowed

S.R.Muthusamy v. The District Collector

2025-10-22Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-10-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and WMP.No. 40049 of 2024

1. S.R.Muthusamy 2.M.Ravichandran Petitioner(s) Vs

1. The District Collector Tiruppur District, Tiruppur- 641 604.

2.The Assistant Director Survey And Land Records, Tiruppur District Collector Office, Tiruppur- 641 604.

3.The Tahsildar Palladam Taluk Office, Tiruppur District, Tiruppur- 641 664.

4.The Surveyor Palladam Taluk Office, Tiruppur District, Tiruppur- 641 664.

5.T.Velusamy 6.T.Karupathal (R5 & R6 are impleaded as per the order of this Court dated 22.10.2025) Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of certiorarified mandamus, calling for the records pertaining to the impugned orders passed by the 3rd respondent in Na.Ka. 1578/ 2024/E1 dated 23.07.2024 and quash the same and consequently direct the respondents to conduct a survey at Petitioners lands in Survey Nos.262 and 254/1 situated at Naranapuram, palladam Taluk, Tiruppur district in light of the provisions of Tamil Nadu Survey and Boundaries Act 1923 and issue patta in accordance with law.

For Petitioners:

Mr. M.Loganathan For Respondents:

Mr.S.Rajesh, GA - R1 to R4

ORDER

The present Writ Petition has been filed challenging the order passed by the 3rd respondent rejecting the request of the petitioners to conduct a survey of the land comprised in Survey Nos. 254/1 and 262 situated at Naranapuram Village, Palladam Taluk, Tiruppur District.

2. The petitioners claim to be the owners of the aforesaid lands situated in Survey Nos. 254/1 and 262 situated at Naranapuram Village, Palladam Taluk, Tiruppur District. They had submitted a representation to the respondents

requesting that the said land be surveyed. However, the respondents rejected the representation on the ground that the petitioners were not in possession of the property.

3. It is seen from the records that a similar request made earlier by the petitioners had also been rejected. The petitioners had then challenged that order before this Court in W.P. No. 11087 of 2024, and by order dated 24.04.2024, this Court had directed the respondents to conduct the survey. Despite such direction, the 3rd respondent has again rejected the present request on the same ground, namely, that the person in possession of the subject property is objecting to the survey.

4. On perusal of the records, it is seen that part of the subject lands is in possession of certain counter-parties, while the revenue records stand in the names of the petitioners. This Court had already set aside the earlier rejection order passed by the respondent authorities and directed them to survey the subject lands. However, the 3rd respondent has once again rejected the petitioners' request for the same reason that objections have been raised by persons in possession.

5. The repeated refusal to conduct the survey, despite the subsisting order of this Court, cannot be sustained. The official respondents are bound to comply with the earlier directions and ensure that the survey is carried out as ordered.

6. In view of the foregoing discussion and considering the facts and circumstances of the case, this Court directs the 3rd respondent to engage the 4th respondent to conduct the survey of the subject property in Survey Nos. 254/1 and 262, Naranapuram Village, Palladam Taluk, Tiruppur District, and to serve a copy of the survey report to the petitioners within a period of two (2) weeks from the date of receipt of a copy of this order.

7. It is made clear that if the surveyor faces any obstruction from the counter-parties or any third parties while conducting the survey, the surveyor may approach the jurisdictional police seeking protection. Upon such a request, the jurisdictional police shall provide adequate protection to enable completion of the survey.

8. With the above directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 22-10-2025 (3/3) Index:Yes/No Internet:Yes ak Note: Issue order copy on 25.10.2025

To 1.The District Collector Tiruppur District, Tiruppur- 641 604.

2.The Assistant Director Survey And Land Records, Tiruppur District Collector Office, Tiruppur- 641 604.

3.The Tahsildar Palladam Taluk Office, Tiruppur District, Tiruppur- 641 664.

4.The Surveyor Palladam Taluk Office, Tiruppur District, Tiruppur- 641 664.

G.K.ILANTHIRAIYAN, J.

ak 22-10-2025 (3/3)