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Madras High CourtWP(MD)/3047/2026disposed of

Kalaiselvi v. The Tahsildar

2026-02-05Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Kalaiselvi ... Petitioner -vs1.The Tahsildar, Taluk Office, Nilakkottai Taluk, 2.The Firka Surveyor, Taluk Office, Nilakkottai Taluk, 3.The Inspector of Police, Ammaiyanaickanur Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the petitioner's property in Survey Nos.168/2A1 and 168/2A2, situated at Kullalakundu Village, Nilakkottai Taluk, Dindigul District, with adequate the police protection, by considering the petitioner's representation dated 13.12.2025, within the time frame that may be fixed by this Court.

For Petitioner : Mr.M.Ananthkumar For R1 and R2 : Mr.S.Kameswaran Government Advocate For R3 : Mr.S.Prakash Government Advocate (Criminal side)

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents 1 and 2 to survey and demarcate the petitioner's property in Survey Nos.168/2A1 and 168/2A2, situated at Kullalakundu Village, Nilakkottai Taluk, Dindigul District, with adequate the police protection, by considering the petitioner's representation dated 13.12.2025, within the time frame that may be fixed by this Court.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner is the lawful owner of the subject properties and is in possession and enjoyment thereof. With a view to properly identifying the boundaries and avoiding future disputes, the petitioner submitted an application dated 04.11.2025 before the

competent revenue authorities seeking survey and demarcation of the said lands. Accordingly, the first respondent issued a notice dated 28.11.2025, fixing the date of survey on 11.12.2025. On 11.12.2025, when the Surveyor and the Village Administrative Officer commenced the survey, one Murugapillai, a neighbouring landowner, forcibly obstructed the same, and therefore, the survey was stopped. Thereafter, the petitioner submitted a representation dated 13.12.2025. Despite the said representation, the respondents 1 and 2 have failed to take any action to survey and demarcate the petitioner's lands within a reasonable time. Hence, the petitioner has been constrained to approach this Court by filing the present Writ Petition for the relief stated supra.

4. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that proper steps would be taken to survey and demarcate the land in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923.

5. Recording the aforesaid submission, this Court directs the respondents 1 and 2 to consider the petitioner's representation dated 13.12.2025 and demarcate

the subject properties, after considering the claims of the petitioner and any other rival parties, if any, and to pass orders in accordance with Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, 1923, within a period of eight weeks from the date of receipt of a copy of this order. It is needless to state that the revenue officials may seek assistance from the third respondent Police, if Police assistance is required while carrying out such survey. In the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 05.02.2026 smn2 To:- 1.The Tahsildar, Taluk Office, Nilakkottai Taluk, 2.The Firka Surveyor, Taluk Office, Nilakkottai Taluk,

3.The Inspector of Police, Ammaiyanaickanur Police Station,

K.SURENDER , J.

smn2 05.02.2026